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^•^'T    TREATIES  AND  CONVENTIONS  ^ 


A    . 


WITH  OR  «)NCERNINQ 


CHINA  AND  KOREA, 


1B94:-I904r, 


TOGETHER    WITH 


VARIOUS  STATE  PAPERS  AND  DOCUMENTS 
AFFECTING  FOREIGN  INTERESTS. 


EDITED  BY 


WILUAH  WOODVILLE  JOOEHILL, 

Former  As^gtant  Secretary  of  SUUe  of  the  Inited  States f  and  ( 'omniitwUmer 
of  the  United  States  to  China,  1900-1901. 


V 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
1904. 


r>)DEC  3  0  1937 


INTRODUCTORY  NOTE. 

The  present  compilation  is  primarily  intended  as  a  continuation  of 
Sir  Edward  Hertslet's  "Treaties,  etc.,  between  Great  Britain  and 
China;  and  between  China  and  Foreign  Powers,"  which  was  published 
in  London  in  1896  (2  vols.,  8^). 

In  view  of  the  great  importance  of  the  industrial  and  commercial 
concessions  made  within  the  last  ten  yeai*s  by  China,  not  only  to 
various  Powers,  but  to  divers  foreign  or  mixed  companies  or  corpora- 
tions, and  individuals,  it  has  been  thought  advisable  to  include  in  the 
present  volume  the  text  of  the  most  important  of  these  documents, 
arranged  in  chronological  order. 

Part  II  of  the  work  contains  (1)  the  treaties,  conventions,  agree- 
ments, etc.,  made  with  or  concerning  Korea,  and  (2)  the  concessions 
or  contracts  for  the  building  of  railways,  development  of  mines,  etc., 
in  the  same  country  during  the  period  covered  in  the  first  part  of  the 
work. 

The  sketch  maps  showing  the  boundaries  of  the  territory  leased  by 
France  at  Kuang-chou  Wan  and  that  leased  by  Great  Britain  at  Kow- 
loon,  are  oflScial;  but  it  has  been  impossible  to  obtain  the  oflScial 
Russian  map  giving  the  boundaries  of  the  territory  leased  in  the  Liao- 
tung  Peninsula  from  China  in  1898,  and  of  the  Neutral  Zone  north  of 
the  same.  The  map  given  is  a  reproduction  from  the  large  map  of 
North  Eastern  China,  prepared  by  Mr.  C.  H.  Waeber,  formerly  Rus- 
sian minister  to  Korea,  and  is  probably  correct. 

The  map  giving  the  boundaries  of  the  territory  leased  b}'  Germany 
at  and  around  Kiao-chou,  and  by  Great  Britain  at  Wei-hai  Wei,  are 
also  taken  from  Waeber's  map.  The  oflScial  map  of  Wei-hai  Wei, 
published  in  1899  by  the  Intelligence  Bureau  of  the  British  War  Oflice, 
does  not  show  the  boundary  of  the  territory  leased,  and  those  acces- 
sible, published  by  the  German  Government,  do  not  show  the  boundary 
of  the  50-kilometer  zone  around  the  Bay  of  Kiao-chou. 

The  general  direction  of  the  lines  of  railroad  in  construction,  or  for 
which  concessions  have  been  granted,  may  be  seen  by  those  interested 
in  the  subject  on  the  "Commercial  Map  of  China  and  Its  Dependen- 
cies, showing  the  Areas  Owned  oi  Leased  by  Foreign  Powers,"  issued 
in  London  in  1904  by  the  China  League.  For  the  northern  railroads 
and  their  connections,  the  reader  may  consult  also  Stanford's  ''Map 
of  the  Siberian  Railway,"  issued  in  London  in  1904. 

In  translated  documents  the  transcription  of  Chinese  words  has 
been  altered  to  comply,  in  a  general  way,  with  the  method  in  use  in 
English. 

The  only  public  documents  of  any  importance  which  have  been 
omitted  from  the  present  compilation,  exclusive  of  Postal  Conven- 


n  INTRODUCTOBY   NOTE. 

tions,  as  not  relating  to  questions  of  such  general  interest  as  would 
justify  their  inclusion  in  the  present  volume,  are  the  following: 

(1)  Convention  between  the  Imperial  Chinese  Telegraph  Adminis- 
tration; the  Great  Northern  Telegi'aph  Company,  of  Copenhagen; 
and  Eastern  Extension,  Australasia  and  Chinese  Telegraph  Company. 
Signed  at  Shanghai,  J  uly  11, 1896.  {British  amd  Foreign  Stdte  Papera^ 
LXXXVIII,  573.) 

(2)  Land  Regulations  of  the  British  Concession,  Hankow,  1874, 

1893.  Amendment  approved,  March  17, 1896.     {British  and  Foreign 
State  Papers,  LXXXVIII,  203.) 

(3)  Additional  Land  Regulations  for  the  General  Foreign  Settle- 
ment at  Shanghai,  June  3,  1899.  (See  United  States  Consul-  Oeneral^ 
Shanghai,  to  Dept,  of  State,  No.  204,  of  June  21,  1899.) 

(4)  British  Order  in  Council,  providing  for  the  government  of  the 
territories  adjacent  to  Hongkong  leased  under  the  Convention  of 
June  9,  1898.  Balmoral,  October  20,  1898.  {British  and  Foreign 
State  Papers,  CXI,  1037.) 

(5)  Regulations  for  the  Foreign  Settlements  at  Chinnampo  and 
Mokpo.  Seoul,  October  16, 1897.  {British  and  Foreign  State  Papers, 
CXI,  1177;  and  Foreign  Relations  of  United  States,  1898,  478.) 

(6)  Regulations  for  the  Foreign  Settlements  at  Kunsan,  Masampo, 
and  Songchin,  Korea.  Seoul,  June  2,  1899.  {British  and  Foreign 
State  Papers,  CXI,  1190.) 

(7)  Land  Regulations  of  the  British  Concession,  Chinkiang.     1872- 

1894.  {British  and  Foreign  State  Papers,  LXXXVI,  153.) 

(8)  Land  Regulations  of  the  British  Municipal  Extension,  Tientsin, 
1898.  Approved  by  the  Secretary  of  State,  March  31, 1899.  {British 
and  Foreign  State  Papers.     XC.     1004-1021.) 

(9)  Land  Regulations  and  By-Laws  of  the  Settlement  of  Kulangsu, 
Amoy.  Signed  January  10,  1902.  Approved  by  the  foreign  repre- 
sentatives at  Peking  and  by  the  Chinese  Government.  (See  U  S. 
Conml,  Arnoy,  to  Dept.  of  State,  No.  8,  Feb.  4,  1902.) 

Since  the  publication  of  Sir  Edward  Hertslet's  collection,  two  works, 
in  the  nature  of  documentary  histories  of  China's  recent  relations  with 
foreign  powers  have  been  published,  and  may  be  consulted  with  profit, 
although  some  of  the  translations  in  the  first  work  appear  faulty: 

William  Frederic  Mayers — Treaties  between  the  Empire  of  China 
and  Foreign  Powers,  together  with  Regulations  for  the  conduct  of 
foreign  trade,  conventions,  agreements,  regulations,  etc.,  etc.,  etc. 
The  Peace  Protocol  of  1901  and  the  Commercial  Treaty  of  1902. 
First  edition,  1877,  edited  by  William  Frederick  Mayers.  Fourth 
and  further  enlarged  edition  issued  by  publishers,  1902.  Shanghai, 
1902.     1  vol.     8°. 

Henry  Cordier.  Histoire  des  Relations  de  la  Chine  avec  les  Puis- 
sances Occidentales,  1860-1902.     Paris,  1901-1902.     3  vols.     8^. 


TABLE  OF  CONTENTS. 

China  I. — TreatieSy  Conventions,  AgreementSf  Protocols. 


No.         Country. 


Date. 


Subject. 


Page. 


Great  Bxitaiu. 


Japan .. 
France  . 


4    Japan  . 


5    Great  Britain- 
France. 


Japan  

Great  Britain. 


Germany . 
Russia 


.do. 


11  France 

12  {  Great  Britain... 


.do. 


Great  Britain- 
Germany. 

Germany  and 
other  powers. 

Great  Britain- 
Japan. 

Russia 


Great  Britain.. 
Japan  


United  States... 


London,  Mar.  1, 1894 . . 


Shimonoseki,  Apr. 

17,1896. 
Peking,  June  20, 1895. 


Peking,  Nov.  8, 1896.. 
London,  Jan.  16, 1896  . 


Peking,  July  21, 1896.. 
Peking,  Feb.  4, 1897... 

Peking,  Mar.  6, 1898  .. 
Peking,  Mar.  27, 1896. 


St.  Petersburg,  May 
7,1898. 

Peking,  May  27, 1898.. 
Peking,  June  9,1898.. 


Peking,  July  1,1898... 
London,  Oct.  16,1900. 
Peking,  Sept.  7, 1901.. 
London,  Jan.  30, 1902. 
Mar.  26. 

Shanghai,  Sept.  5, 1902 
Shanghai,  Oct.  8. 1908. 

Shanghai,  Oct.  8, 190S. 


Ck>nvention  between  Great  Britain  and  China 
giving  eflfect  to  Article  111  of  the  Convention 
of  the  24th  July,  1886,  relative  to  Burmah  and 
Thibet. 

Treaty  of  Peace  between  China  and  Japan 


Additional  Convention  to  the  Supplementary 
Commercial  Convention  of  June  26, 1887,  be- 
tween France  and  China. 

Convention  between  Japan  and  China  for  the 
Retrocession  by  Japan  to  China  of  the  southern 
portion  of  the  Province  of  Feng  Tien. 

Declaration  between  Great  Britain  and  France, 
with  regard  to  the  Kingdom  of  Slam  and 
other  matters  (Advantages  in  YQnnan  and 
Szechuen;  Territories  to  the  West  of  the 
Lower  Niger;  Commercial  Arrangements  In 
Tunis.) 

Treaty  of  Commerce  and  Navigation  between 
Japan  and  China. 

Agreement  between  Great  Britain  and  China, 
modifying  the  Convention  of  March  1,  1894, 
relative  to  Burmah  and  Thibet. 

Convention  between  the  German  Empire  and 
China  respecting  the  lea.se  of  Kiaochou. 

Convention  between  Russia  nnd  China  for  lease 
to  Russia  of  Port  Arthur,  Talienwan  and  the 
adiacent  waters. 

Additional  agreement  defining  boundaries  of 
leased  and  neutralized  territory  in  Llao-tung 
Peninsula. 

Convention  concerning  Kuang-Chou  Wan 

Convention  between  the  United  Kingdom  and 
China  respecting  an  Extension  of  Hong  Kong 
Territory. 

Convention  between  Great  Britain  and  China 
for  the  lease  of  Wei-hai  Wei. 

Agreement  between  Great  Britain  and  Ger- 
many defining  their  mutual  policy  in  China. 

Negotiations  for  settlement  of  the  olsturbances 
of  1900. 

Agreement  between  the  United  Kingdom  and 
Japan  relative  to  China  and  Korea. 

Agreement  between  Russia  and  China  with  re- 
gard to  Manchuria. 

Treaty  between  Great  Britain  and  China 

Supplementary  Treaty  of  Commerce  and  Naviga- 
tion between  Japan  and  China. 

Treaty  between  the  United  States  and  China  for 
the  Extension  of  the  Commercial  Relations  be- 
tween them. 


14 
21 

26 

28 


80 
40 

46 
50 

53 

66 


62 
63 
97 

99 

102 
1^ 

136 


China  II. — Declarations,  Arrangements. 


?1 

France 

Peking,  Mar.  16, 1897. 
Peking,  Feb.  11, 1898.. 
Peking.  Feb.  13, 1898.. 

Peking,  Apr.  10, 1898.. 
Apr.19,1898 

Declaration  concerning  the  non-alienation  of 
the  Island  of  Hainan. 

Declaration  concerning  the  non-allenatlon  of 
the  Yang-Tsze  Region. 

Declaration  by  China  that  Inspector-General  of 
Maritime  Customs  shall  be  a  British  subject 
while  British  trade  preponderates. 

Declaration  concerning  non-allenatlon  of  Chi- 
nese territory  bordering  on  Tong-king. 

Declaration  by  Great  Britain  respecting  Wei-hai 
Wei. 

173 

22 
'>3 

Great  Britain... 
do 

174 
176 

74 

France  

178 

25 

Great  Britain... 

180 

IV 


TABLE    OF    CONTENTS. 
China  II. — DeclaratimiSj  Arrangementg — Continued. 


No. 

Country. 

Date. 

Subject 

Page. 

?6 

Japan  

Apr.26,1898 

Declaration  concerning  the  non-alienation  of 
the  Province  of  Fu-kien. 

Identic  notes  exchanged  between  the  United 
Kingdom  and  Russia  with  regard  to  their  re- 
spective raUway  interests  in  China. 

Declarations  made  to  the  United  States  by 
France,  Germany,  Great  Britain,  Italy,  Japan, 
and  Russia,  accepting  the  oommeicial  policy 
of  the  "open  door." 

Arrangement  between  Tseng  Chi,  Tailar  Gen- 
eral of  Mukden,  and  Admiral  Alexeiefl.  com- 
mander in  Chief  of  Kuan-tung  Peninsula  and 
of  the  Russian  Naval  and  Military  forces  in 
the  Pacific. 

The  Franco-Russian  Declaration  concerning 
policy  in  China  and  Korea. 

181 

27 
28 

?9 

Great    Britain- 
Ruasla. 

United  States... 
Russia 

St.  Petersburg,  Apr. 
28, 1899. 

Sept.  «,  1899,  to  Feb. 
19,1900. 

Port  Arthur,  Jan.  80, 
1901. 

St.  Petersburg,  Mar. 

183 
185 

201 

30 

France-Russia.. 

208 

China  III. — Mining  and  Railtuay  ConcesaionSy  etc.,  and  Miscellaneous  Documents, 


85 


61 


63 
64 


Russia. 
do. 


....do... 
Belgium. 

China  ... 

i  France  .. 


United  States. 

France 

Great  Britain., 


....do. 
Russia. 


Great  Britain. 

do 

China 

Great  Britain. 
....do 


China  . 


do 

Great    Britain- 
United  States. 


China 

Great    Britain- 
Germany. 

Germany 

Russia 

China 

Great  Britain.. 

China 

,...do 

Belgium 


France  . 


....do.... 

China 

....do.... 
....do.... 
....do.... 


Dec.  10, 1895 

Sept.  8,    ^^^ 

Dec.  j^  1896 

May27,' 1897;  July 21, 

Apr.  2, 1898 

Apr.  9.1898 


Apr.   14,    1898; 

13,1900. 
May  2, 1898.... 


July 


May  13,  1S9»;  July  9, 
1903. 

Mav21,1898 

189a-1903 


June  7, 1898.. 
June  21, 1898  . 
Aug.,  1898.... 
Oct.  10, 1898  . . 
...do 


Oct.  26, 1898 . 

Nov.  19, 1898. 
Feb.  1,1899.. 


Apr.  14, 1899. 

May  24, 1899. 

Junel,  1899. 
July  30, 1899.. 

.....do 

Dec.  20. 1900. 
Apr.,  1902.... 
Dec..  1903.... 
(?)1904 

Oct.,  1901 


1903 

June  12, 1891 . 
Aug.  18. 1895 . 
Jan.  17, 1898.. 
Mar.  15, 1899.. 


Charter  of  the  RuBBO-Chiiiese  Bank 

Agreement  between  Chinese  Government  and 
the  Ruaso-Chinese  Bank  for  the  Eastern  Rail- 
way. 
Statutes  of  the  Chinese  Eastern  Rail  way  Company 
Peking-Hankow  Railway  contracts 

Imperial  edict  establishing  bureau  of  control  of 
railways  and  mines. 

Exchange  of  notes  conceding  right  to  build  rail- 
way from  Tongking  to  Yunnan.  Leasing 
Kwang-chow-wan.  French  on  Chinese  post- 
office  stafT. 

Canton-Hankow  Railroad  contracts 

Concession  for  railway  from  Pakhoi  to  the  West 

River. 
Shanghai-Nanking  Railroad 

Peking  Syndicate  agreement 

I*reliminary  agreement  and  contracts  concern- 
ing theCheng-ting-Tai  Yuan  (Cheng-Tai)  Rail- 
way. 

Peking-Ncwchang  Railway  loan 

Regulations  for  mining  in  Honan 

Yangtsze  navigation  regulations 

Concession  of  Nan  P'iao  coal  mines 

Shanhaikuan-Newchwang  Railway  loan  agree- 
ment. 

Regulations  for  foreign  loans  for  mining  and 
railway  purposes. 

R^^ilations  for  mines  and  railways 

Agreement  between  the  British  and  Chinese  Cor- 
poration (Limited)  and  American-China  De- 
velopment Company. 

Regulations  for  the  working  of  mines  in  SsCk- 
cn'uau. 

Tientsin-Chinkiang  Railroad  agreement 

Concession  for  Tsing-tao-Tsinan  Fu  Railway 

Imperial  order  concerning  Dalny 

Additional  regulations  for  mines  and  mining  . . . 

Chinese  Engineering  and  Mining  Company 

Rules  and  refi^ulations  for  mining 

Revised  regulations  for  railwav  construction 

Kaifeng  Fu  to  Honan  Fu  Railway  loan  agree- 
ment. 

Memorandum  on  French  Railway  and  mining 
concessions. 

Mining  concessions  in  Fukien  Province 

Decree  for  prevention  of  anti-Christian  riots 

Repeal  of  anti-Christian  clauses  in  Chin&se  code. 

Decree  for  prevention  of  anti-Christian  riots 

Memorial  on  oflBcial  intercourse  with  Roman 
Catholic  missionaries. 


207 
212 

216 
225 

249 

250 


280 
281 


305 
309 


817 
320 
324 
328 
332 


340 
345 


348 
355 


370 
372 
375 


402 

407 
416 
418 
422 
424 


TABLE   OP   CONTENTS. 

Part  II. 
Korea  I. — Treaties;  Protocols;  Memoranda. 


No. 

Countiy.                      Date. 

Subject. 

Page. 

65 

Japan Aug.  26, 1894 

Treaty  of  alliance 

429 

fi6 

Japan-Russia . . .  May  14, 1896 

Memorandum  concerning  Japanese  and  Russian 

interests  in  Korea. 

Arrangement  relative  to  affairs  in  Korea 

Agreement  concerning  independence  of  Korea 

and  mutual  rights. 
Treaty  between  China  and  Korea 

430 

A7 

do June  9, 1896 

432 

68 

do Apr.  25,1898 

483 

69 

China Sept.  11,1899 

434 

70 

Japan Feo.  28,1904 

Protocol  between  Japan  and  Korea 

441 

Korea  II. — Contracts;  Concessions,  etc. 


71 
72 

78 
74 
75 


United  States.. 
Great  Britain- 
United  States.. 

Japan  

Russia 


July  2, 1896... 
Sept.  27, 1898. 

Mar.  29, 1898 . 
Sept.  8, 1898.. 
Mar.  29, 1899 . 


Decree  concerning  development  of  mines 

Contract  with  Bum-Murdock  and  J.  A.  Hay  re- 
garding mines. 

Seoul-Chemulpo  Railway  concession 

Seoul-Fusan  Railway  agreement 

Concession  of  whaling  privileges 


445 
447 

450 
454 
457 


76 
77 


China,  theCongo 

Free  State. 
China-Mexico.. 


July  10, 1896. 
Dec.  14,1899. 


Treaty  conferring  mutual  most-favored-nation 

treatment. 
Treaty  of  amity  and  commerce , 


467 
468 


MAPS. 


( 1 )  Territory  leased  at  Wei-hai  Wei  and  Kiao-chou  by  Great  Britain  and  Germany. 

(2)  Territory  leased  by  Russia  in  the  Liao-tung  Peninsula,  including  Neutral  Zone. 

(3)  Kuang-chou  Wan  and  adjacent  territory. 

(4)  Extension  of  Hong  Kong  territory  around  Kowloon. 

(5)  Boundaries  of  the  legation  quarter  at  Peking. 

2793&-04 1  ^ 


Part  I. 


CHI]N^^. 


I. 
TKEATIES,  CONVENTIONS,  AGREEMENTS,  PROTOCOLS. 

ABBAKGED   CHROXOLiOGICALIiY. 


No.  !• 

GREAT    BBITAIN. 

CONVENTION  BETWEEN  GREAT  BRITAIN  AND  CHINA,  GIVING  EFFECT 
TO  ARTICLE  III  OF  THE  CONVENTION  OF  THE  24TH  JULY,  1886, 
RELATIVE  TO  BURMAH  AND  THIBET. « 

Signed  at  London,  March  1,  18W.& 

Ratifications  Exchanged  at  London,  August  23,  1894. 

Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain 
and  Ireland,  Empress  of  India,  and  His  Majesty  the  Emperor  of  China, 
being  sincerely  desirous  of  consolidating  the  relations  of  friendship 
and  good  neighborhood  which  happily  exist  between  the  two  Empires, 
have  resolved  to  conclude  a  Convention  with  the  view  of  giving  elBfect 
to  Article  III  of  the  Convention  relative  to  Burmah  and  Thibet,  signed 
at  Peking  on  the  24th  July,  1886,  and  have  appointed  as  their  Pleni- 
potentiaries for  this  purpose,  that  is  to  say: 

Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain 
and  Ireland,  Empress  of  India,  the  Right  Honourable  the  Earl  of  Rose- 
bery,  Knight  of  the  Most  Noble  Order  of  the  Garter,  Her  Britannic 
Majesty's  Principal  Secretary  of  State  for  Foreign  AlBfairs; 

And  His  Majesty  the  Emperor  of  China,  Sieh  Ta-JSn,  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  of  China  at  the  Court  of 
St.  James',  and  Vice-President  of  the  Imperial  Board  of  Censors; 

Who,  having  mutually  communicated  to  each  other  their  respective 
full  powers,  found  to  be  in  good  and  due  form,  have  agreed  upon  the 
following  Articles: — 

Art.  I.  It  is  agreed  that  the  frontier  between  the  two  Empires, 

Delimitation  of   ^^^  latitude  25°  35'  north,  shall  run  as  follows: 
frontier,  first  sec-       Commencing  at    the    high   conical    peak    situated 
^^^'  approximately  in  that  latitude  and  in  longitude  98°  14' 

east  of  Greenwich  and  18°  16'  west  of  Peking,  the  line  will  follow,  as 
far  as  possible,  the  crest  of  the  hills  running  in  a  south-westerly  direc- 
tion through  Kaolang  Pum  and  the  Warong  Peak,  and  thence  run 
nearly  midway  between  the  villages  of  Wanchon  and  Kaolang — leaving 
the  former  to  Burmah  and  the  latter  to  China — on  to  Sabu  Pum. 

a  British  and  Foreign  State  Papersy  Vol.  LXXXVII,  1894-1895;  pp.  1311-1319. 
&Thi8  convention  was  amended  by  the  agreement  of  February  4,  1897.    See  infra, 
p.  40, 

5 


6  TEBATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

From  Sabu  Pum  the  frontier  will  run  in  a  line  slightly  to  the  south 
of  west  through  Shatrung  Pum  to  Namienku  Pum;  thence  it  will  be 
continued,  still  running  in  a  south-westerly  direction  along  the  crest  of 
the  hills,  until  it  strikes  the  Tazar  Kha  River,  the  course  of  which  it 
will  follow  from  its  source  to  its  confluence  with  the  Nam  Tabet  or 
Tabak  Kha,  thus  leaving  Uka  to  the  east  and  Laipong  to  the  west. 

From  the  confluence  of  the  Tazar  Kha  River  with  the  Tabak  Kha, 
the  frontier  will  ascend  the  latter  river  to  its  junction  with  the  Lekra 
Kha,  which  it  will  follow  to  its  source  near  Nkrang.  From  the  source 
of  the  Lekra  Kha,  leaving  Nkrang,  Kukum,  and  Singra  to  the  west, 
and  Sima  and  Mali  to  the  east,  the  line  will  follow  the  Lesa  Kha  from 
its  western  source  to  its  junction  with  the  Mali  River,  and  thence  will 
ascend  the  Mali  to  its  source  near  Hpunra  Shikong:  thence  it  will  run 
in  a  south-westerly  direction  along  the  Laisa  Kha  from  its  source 
down  to  the  point  where  it  falls  into  the  Mol^  River  near  Kadon, 
leaving  the  village  of  Kadon  to  the  west  and  that  of  Laisa  to  the  east. 

The  line  will  then  follow  the  course  of  the  Mol^  in  a  southeasterly 
direction  to  the  place  where  it  receives  the  Che  Yang  Kha,  which 
latter  river  it  will  follow  to  its  source  in  the  Alau  Pum.  It  will  then 
be  directed  along  the  Nampaung  River  from  its  western  source  down 
to  where  it  enters  the  Taping  River. 

This  concludes  the  description  of  the  first  section  of  the  frontier. 

II:  The  second  section  of  the  frontier,  or  that  portion  of  it  which 
extends  from  the  Taping  River  to  the  neighbourhood 
frontier,   seeond    of  Meung  Mao,  will  run  as  follows: 
••^®*-  Starting  from  the  junction  of  the  Khalong  Kha 

with  the  Taping  River,  the  frontier  will  follow  the  Khalong  Kha  and 
its  western  branch  to  its  source;  it  will  be  drawn  thence  southward  to 
meet  the  Sipaho  or  Lower  Nanthabet  at  a  spot  inunediately  to  the 
south-west  of  Hanton,  leaving  Matin  to  Great  Britain,  and  Loilong-ga- 
tong,  Tieh-pi-Kwan,  and  Hanton  to  China;  thence  it  will  ascend  the 
branch  of  the  last-named  river  which  has  its  source  nearest  to  that  of 
the  Mantein  Kha.  It  will  thence  follow  the  crests  of  the  line  of  hills 
running  in  a  south-easterly  direction  to  the  more  southerly  of  the  two 
places  named  Ifadaw,  which  is  close  to  the  Namwan  River,  leaving 
Kadaw  to  China  and  Palen  to  Great  Britain.  It  will  follow  the 
Namwan  River  in  a  south-westerly  direction  down  to  the  point  in 
about  latitude  23°  55',  where  that  river  takes  a  south-easterly  course. 
Thence  it  will  run  in  a  direction  somewhat  west  of  south  to  the 
Nammak  River,  leaving  Namkhai  to  Great  Britain.  It  will  follow 
the  Nammak  River  to  the  point  where  it  bifurcates  in  about  latitude 
23°  47',  and  will  then  ascend  the  southern  branch  till  it  reaches  the 
crest  of  a  high  i-ange  of  hills  to  the  south  of  Mawsiu,  in  about  latitude 
23°  45'.  It  will  follow  the  crest  of  this  range  (which  runs  slightly  to 
the  north  of  east)  until  it  reaches  the  Shweli  River  at  its  junction  with 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.  7 

the  Nammak,  thus  leaving  to  China  the  district  of  Mawsiu,  the  spot 
recently  identified  as  Tien-ma-Kwan,  and  the  villages  of  Hinglon  and 
Kongmow,  lying  to  the  north  of  the  above-mentioned  range. 

It  will  then  follow  the  course  of  the  Shweli  River,  and  where  the 
river  bifurcates,  it  will  follow  the  more  southerly  of  the  two  branches, 
leaving  to  China  the  island  formed  by  them,  until  it  reaches  a  point 
near  the  eastern  end  of  the  loop  which  the  river  forms  opposite  to 
Meung  Mao,  as  indicated  in  the  next  Article  of  the  Convention. 

The  Government  of  China  consent  that  the  most  direct  of  the  roads 

One  roftdt  ba-  between  Bhamo  and  Namkhan,  where  it  passes  through 
tweenBurmftiiand  the  small  portion  of  Chinese  territory  south  of  Nam- 
^^^"^  wan,  shall,  while  remaining  entirely  open  to  Chinese 

subjects  and  to  the  tribesmen  subject  to  China,  be  free  and  oj>en 
to  Great  Britain  for  travellers,  commerce,  and  administrative  pur- 
poses, without  any  restrictions  whatever.  Her  Britannic  Majesty's 
Government  shall  have  the  right,  after  conununication  with  the 
Chinese  authorities,  to  execute  any  works  which  may  be  desirable  for 
the  improvement  or  repair  of  the  road,  and  to  take  any  measures 
which  may  be  required  for  the  protection  of  the  traffic  and  the  pre- 
vention of  smuggling. 

It  is  equally  agreed  that  British  troops  shall  be  allowed  to  pass 
freely  along  this  road.  But  no  body  of  troops  more  than  200  in  num- 
ber shall  be  despatched  across  it  without  the  consent  of  the  Chinese 
authorities,  and  previous  notice  in  writing  shall  be  given  of  every 
armed  party  of  more  than  twenty  men. 

in.  The  third  section  of  the  frontier  will  run  as  follows: 

BeUmitatioii  of  ^^  ^^'^  commence  from  a  point  on  the  Shweli  River, 
frontier,  third  mo-  near  to  the  east  end  of  the  loop  formed  by  that  river 
^^^'  opposite  to  Meung  Mao;  thence  paying  due  regard  to 

the  natural  features  and  the  local  conditions  of  the  country,  it  will 
trend  in  a  south-easterly  direction  towards  Ma-li-pa  until  it  reaches, 
at  a  point  in  about  longitude  98°  T  east  of  Greenwich  (18°  23'  west  of 
Peking),  and  latitude  23°  52',  a  conspicuous  mountain  range.  It  will 
follow  the  crests  of  that  range  through  Loiaipong  and  Loipanglom 
until  it  reaches  the  Salween  River,  in  about  latitude  23°  41'. 

This  portion  of  the  frontier  from  the  Shweli  to  the  Salween  River 
shall  be  settled  by  the  Boundary  Commission  provided  for  in  Article 
VI  of  the  present  Convention,  and  in  such  manner  as  to  give  to  China 
at  least  as  much  territory  as  would  be  included  if  the  frontier  were 
drawn  in  a  straight  line  from  Meung  Mao  towards  Ma-li-pa. 

If  it  should  be  found  that  the  most  suitable  frontier  will  give  to 
China  a  larger  amount  of  territory  than  is  stated  above,  the  compen- 
sation to  be  given  to  Great  Britain  on  some  other  part  of  the  frontier 
shall  be  matter  for  subsequent  arrangement. 

From  latitude  23°  41'  the  frontier  will  follow  the  Salween  until  it 
reaches  the  northern  boundary  of  the  circle  of  Kunlong.     It  will 


8  TEEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

follow  that  boundary  in  an  easterly  direction,  leaving  the  whole  circle 
of  Kunlong,  and  the  ferry  of  that  name  to  Great  Britain,  and  leaving 
to  China  the  State  of  Kokang. 

It  will  then  follow  the  course  of  the  river  forming  the  boundary 
between  Somu,  which  belongs  to  Great  Britain,  and  Meng  Ting,  which 
belongs  to  China.  It  will  still  continue  to  follow  the  frontier  between 
those  two  districts,  which  is  locally  well  known,  to. where  it  leaves 
the  aforesaid  river  and  ascends  the  hills;  and  will  then  follow  the  line 
of  water-parting  between  the  tributaries  of  the  Salween  and  the 
Meikohg  Rivers,  from  about  longitude  99^  east  of  Greenwich  (17°  30' 
west  of  Peking),  and  latitude  23°  20',  to  a  point  about  longitude  99° 
40'  east  of  Greenwich  (16°  50'  west  of  Peking),  and  latitude  23°,  leav- 
ing to  China  the  Tsawbwaships  of  KSng  Ma,  Mengtung,  and  Mengko. 

At  the  last-named  point  of  longitude  and  latitude  the  line  strikes  a 
very  lofty  mountain  range,  called  Kong-Ming-Shan,  which  it  will 
follow  in  a  southerly  direction  to  about  longitude  99°  30'  east  of 
Greenwich  (17°  west  of  Peking),  and  latitude  22°  30',  leaving  to  China 
the  district  of  Chen-pien  T'ing.  Then,  descending  the  western  slope 
of  the  hills  to  the  Namka  River,  it  will  follow  the  course  of  that  river 
for  about  10'  of  latitude,  leaving  Munglem  to  China,  and  Manglun  to 
Great  Britain. 

It  will  then  follow  the  boundary  between  Munglem  and  Kyaing 
Tong,  which  is  locally  well-known,  diverging  from  the  Namka  River 
a  little  to  the  north  of  latitude  22°,  in  a  direction  somewhat  south  of 
east,  and  generally  following  the  crest  of  the  hills  till  it  strikes  the 
Namlam  River  in  about  latitude  21°  45',  and  longitude  100°  east  of 
Greenwich  (16°  30'  west  of  Peking). 

It  will  then  follow  the  boundaiy  between  Kyaing  Tong  and  Kiang 
Hung  which  is  generally  formed  by  the  Namlam  River,  with  the 
exception  of  a  small  strip  of  territory  belonging  to  Kiang  Hung, 
which  lies  to  the  west  of  that  riv^er  just  south  of  the  last  named 
parallel  of  latitude.  On  reaching  the  boundary  of  Kyaing  Chaing,  in 
about  latitude  21°  27',  and  longitude  100°  12'  east  of  Greenwich  (16° 
18'  west  of  Peking),  it  will  follow  the  boundary  between  that  district 
and  Kiang  Hung  until  it  reaches  the  Meikong  River. 

IV.  It  is  agreed  that  the  settlement  and  delimitation  of  that  portion 

^  ^      ##-        of  the  frontier  which  lies  to  the  north  of  latitude 
Portion  of  fton-  ,       i    ,,   ,  i    i.  -  i 

tier  to  be  settled    25°  35'  north  shall  be  reserved  for  a  future  under- 

uiterioriy.  standing  between  the  High  Contracting  Parties,  when 

the  features  and  conditions  of  the  country  are  more  accurately  known. 

V.  In  addition  to  the  territorial  concessions  in  Northern  Theinni, 

and  the  cession  to  China  of  the  State  of  Kokang,  which 

Territorial  con-  result  from  the  frontier  as  above  described.  Her 
oeuions  to  China.  .-.,.  .i         .  -i  , 

Britannic  Majesty,  m  consideration  of   the  abandon- 
ment of  the  claims  advanced  by  China  to  the  territory  lying  outside 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.  9 

and  abutting  on  the  frontier  of  the  Prefecture  of  Yung  Chang  and 
Sub-Prefecture  of  Teng  Yueh,  agrees  to  renounce  in  favour  of  His 
Majesty  the  Emperor  of  China,  and  of  his  heirs  and  successors  for 
ever,  all  the  suzerain  rights  in  and  over  the  States  of  Munglem  and 
Kiang  Hung  formerly  possessed  by  the  Kings  of  Ava  concurrently 
with  the  Emperors  of  China.  These  and  all  other  rights  in  the  said 
States,  with  the  titles,  prerogatives  and  privileges  thereto  pertaining. 
Her  Majesty  the  Queen  Empress  renounces  as  aforesaid,  with  the  sole 
proviso  that  His  Majesty  the  Emperor  of  China  shall  not,  without 
previously  coming  to  an  agreement  with  Her  Britannic  Majesty,  cede 
either  Munglem  or  Kiang  Hung,  or  any  portion  thereof,  to  any  other 
nation. 

VI,  It  is  agreed  that,  in  order  to  avoid  any  local  contention,  the 
alignments  of  the  frontier  described  in  the  present 
fron^"^  ^^  ^  Convention,  and  shown  on  the  maps  annexed  thereto, 
shall  be  verified  and  demarcated,  and,  in  case  of  its  being 
found  defective  at  any  point,  rectified  by  a  Joint  Commission  appointed 
by  the  High  Contracting  Parties;  and  that  the  said  Commission  shall 
meet,  at  a  place  hereafter  to  be  determined  on  by  the  two  Govern- 
ments, not  later  than  twelve  months  after  the  exchange  of  the  ratifica- 
tions of  the  present  Convention;  and  shall  terminate  its  labours  in  not 
more  than  three  years  from  the  date  of  its  first  meeting. 

It  is  understood  that  any  alteration^  in  the  alignment  which  the 
Joint  Commission  may  find  it  necessary  to  make  shall  be  based  on  the 
principle  of  equivalent  compensations,  having  regard  not  only  to  the 
extent,  but  also  to  the  value,  of  the  territory  involved.  Further,  that 
should  the  members  of  the  Commission  be  unable  to  agree  on  any 
point,  the  matter  of  disagreement  shall  at  once  be  referred  to  their 
respective  Governments. 

The  Commission  shall  also  endeavour  to  ascertain  the  situation  of  the 
former  frontier-post  of  China  named  Kanlung  Kwan.  If  this  place 
can  be  identified,  and  is  found  to  be  situated  in  British  Territory,  the 
British  Government  will  consider  whether  it  can,  without  inconven- 
ience, be  ceded  to  China. 

If  it  shall  be  found  to  the  south-east  of  Meung  Mao  so  hs  to  be  on 
the  northern  side  of  the  straight  line  drawn  from  that  place  towards 
Ma-li-pa,  it  will  in  that  case  already  belong  to  China. 

Vn.  It  is  agreed  that  any  posts  belonging  to  either  country  which 

Occupation  foi-  ^^^  ^®  stationed  within  the  territory  of  the  other 
lowing  demaroa-  when  the  Commission  of  Delimitation  shall  have 
**•"*•  brought   its   labours   to   a   conclusion    shall,  within 

eight  months  from  the  date  of  such  conclusion,  be  withdrawn,  and  their 
places  occupied  by  the  troops  of  the  other,  mutual  notice  having  in 
the  meantime  been  given  of  the  precise  date  at  which  the  withdrawal 
and  occupation  will  take  place.     From  the  date  of  such  occupation  the 


10        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA, 

High  ContractiQg  Parties  shall  each  within  its  own  territories  hold 
itself  responsible  for  the  maintenance  of  good  order,  and  for  the 
tranquillity  of  the  tribes  inhabiting  them. 
The  High  Contracting  Parties  further  engage  neither  to  construct 
nor  to  maintain  within  10  English  miles  from  the  near- 
*  *    ^'    est  point  of  the  common  frontier,  measured  in  a  straight 
line  and  horizontal  projection,  any  fortifications  or  permanent  camps, 
beyond  such  posts  as  are  necessary  for  preserving  peace  and  good 
order  in  the  frontier  districts. 
Vni.  Subject  to  the  conditions  mentioned  hereafter  in  Articles  X 
_       trad    be-    ^^^  ^^'  *^®  British  Government,  wishing  to  encour- 
tween  China  and   age  and  develop  the  land  trade  of  China  with  Burmah 
Burma]i.  ^  much  as  possible,  consent,  for  a  period  of  six  years 

from  the  ratification  of  the  present  Convention,  to  allow  Chinese  pro- 
duce and  manufactures,  with  the  exception  of  salt,  to  enter  Burmah 
by  land  duty  free,  and  to  allow  British  manufactures  and  Burmese 
produce,  with  the  exception  of  rice,  to  be  exported  to  China  by 
land  free  of  duty. 

The  duties  on  salt  and  rice  so  imported  and  exported 
1  *tto*dnti^*'^*"    ^^*^'  ^^^  ^  higher  than  those  imposed  on  their  import 
or  export  by  sea. 

IX.  Pending  the  negotiation  of  a  more  complete  arrangement,  and 

until  the  development  of  the  trade  shall  justify  the 
*  ^^  '        establishment  of  other  frontier  Customs  stations,  goods 
imported  from  ^urmah  into  China  or  exported  from  China  into  Bur- 
mah shall  be  permitted  to  cross  the  frontier  byManwyne  and  by 
Sansi. 
With  a  view  to  the  development  of  trade  between  China  and  Bur- 
mah, the  Chinese  Government  consent  that  for  six 
*  years  from  the  ratification  of  the  present  Convention 

the  duties  levied  on  goods  imported  into  China  by  these  routes  shall 
be  those  specified  in  the  General  Tariff  of  the  Maritime  Customs 
diminished  by  three-tenths,  and  that  the  duties  on  goods  exported 
from  China  by  the  same  route  shall  be  those  specified  in  the  same 
Tariff  diminisiied  by  four-tenths. 

Transit  passes  for  imports  and  exports  shall  be 
t  pastes.     gYs,nteid   in  accordance  with  the   rules  in   force  at 
the  Treaty  ports. 

Smuggling  or  the  carrying  of  merchandize  through  Chinese  terri- 
tory by  other  routes  than  those  sanctioned  by  the 
Bmngg  ing.         present  Convention,  shall,  if  the  Chinese  authorities 
think  fit,  be  punished  by  the  confiscation  of  the  merchandize  concerned. 

X.  The  following  articles,  being  munitions  of  war,  shall  neither  be 

exported  from  Burmah  into  China,  nor  imported  from 

^^  in^m'ini-    China  into  Burmah,  save  at  the  requisition  of  the 

Government  desiring  their  importation;  neither  shall 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.         11 

they  be  sold  to  parties  other  than  those  who  have  been  duly  authorized 
by  their  respective  Governments  to  purchase  them: 

Oumon,  shot  and  shell,  cartridges  and  ammunition  of  all  kinds,  fire- 
arms and  weapons  of  war  of  every  description.  Saltpetre,  sulphur, 
brimstone,  gunpowder,  dynamite,  gun-cotton,  or  other  explosives. 

XI.  The  exportation  from  Burmah  into  China  of  salt  ia  prohibited. 

The  exportation  from  China  into  Burmah  of  cash, 

•n       e.  ^^  pulse  and  grains  of  every  kind  is  prohibited. 

The  importation  and  exportation  across  the  frontier  of  opium  and 

spirituous  liquors  is  prohibited,  excepting  in  small  quantities  for  the 

personal  use  of  travellers.     The  amount  to  be  permitted  will  be  settled 

under  Customs  regulations. 

Infractions  of  the  conditions  set  forth  in  this  and  the  preceding 
Article  will  be  punishable  by  confiscation  of  all  the  goods  concerned. 

XII.  The  British  Government,  wishing  to  promote  frontier  trade 

between  the  two  countries  by  encouraging  mining 
of  n^wr***™*'*^   ®^^®^™^  ^°  Yunnan  and  in  the  new  territorial  acqui- 
sitions of  China  referred  to  in  the  present  Convention, 
consent  to  allow  Chinese  vessels  carrying  merchandize,  ores,  and 
minerals  of  all  kinds,  and  coming  from  or  destined  for  China,  freely 
to  navigate  the  Irrawaddy  on  the  same  conditions  as  to  dues  and  other 
matters  as  British  vessels. 
Xin.  It  is  agreed  that  His  Majesty  the  Emperor  of  China  may 
appoint  a  Consul  in  Burmah,  to  reside  at  Rangoon; 
and  that  Her  Britannic  Majesty  may  appoint  a  Consul 
to  reside  at  Manwyne;  and  that  the  Consuls  of  the  two  Governments 
shall  each  within  the  territories  of  the  other  enjoy  the  same  privileges 
and  immunities  as  the  Consuls  of  the  most  favoured  nation. 

Further,  that,  in  proportion  as  the  commerce  between  Burmah  and 
China  increases,  additional  Consuls  may  be  appointed  by  mutual  agree- 
ment, to  reside  at  such  places  in  Burmah  and  Yunnan  as  the  require- 
ments of  the  trade  may  seem  to  demand. 

The   correspondence    between    the  British  and  Chinese  Consuls 
respectively,  and  the  chief  authority  at  the  place  where  they  reside, 
shall  be  conducted  on  terms  of  perfect  equality. 
XIY.  Passports,  written  in  Chinese  and  English,  and  identical  in 
terms  .to  those  issued  to  foreigners  at  the  Treaty  ports 
***^    '  in  China,  shall,  on  the  application  of  the  proper  Brit- 

ish authorities,  be  issued  to  British  merchants  and  others  wishing 
to  proceed  to  China  from  Burmah,  by  the  Chinese  Consul  at  Ran- 
goon or  by  the  Chinese  authorities  on  the  frontier;  and  Chinese  sub- 
jects wishing  to  proceed  to  Burmah  from  China  shall,  on  the  application 
of  any  recognized  Chinese  official,  be  entitled  to  receive  similar  pass- 
ports from  Her  Britannic  Majesty's  Consul  at  Manwyne  or  other 
convenient  places  in  China  where  there  may  be  a  British  Consular 
officer. 


12        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

XV.  Should  criminals,  subjects  of  either  country,  take  refuge  in 

the  territory  of  the  other,  they  shall,  on  due  requisition 
^^u^^^    ®'   being  made,  be  searched  for,  and,  on  reasonable  pre- 
sumption of  their  guilt  being  established,  they  shall  be 
surrendered  to  the  authorities  demanding  their  extradition. 

'^  Due  requisition"  shall  be  held  to  mean  the  demand  of  any  func- 
tionary of  either  Government  possessing  a  seal  of  office,  and  the 
demand  niay  be  addressed  to  the  nearest  frontier  officer  of  the  country 
in  which  the  fugitive  has  taken  refuge. 

XVI.  With  a  view  to  improving  the  intercourse  between  the  two 

counti'ies,  and  placing  the  Chinese  Consul  at  Rangoon 
to  b«**^tB^d  d****  ^^  communication  with  the  high  provincial  authorities 
in  Yunnan,  the  High  Contracting  Parties  undertake 
to  connect  the  telegraphic  systems  of  the  two  countries  with  each 
other  as  soon  as  the  necessary  arrangements  can  be  made;  the  line 
will,  however,  at  first  only  be  used  for  the  transmission  of  official  tele- 
grams and  of  general  messages  for  and  from  Burmah  and  the  Province 
of  Yunnan. 

XVn.  It  is  agreed  that  subjects  of  the  two  Powers  shall  each  within 
Favored- nation    the  territories  of  the  other  enjoy  all  the  privileges, 
provision.  immunities,  and  advantages  that  may  have  been,  or 

may  hereafter  be  accorded  to  the  subjects  of  any  other  nation. 

XVin.  It  is  agreed  that  the  commercial  stipulations  contained  in 
Bti  1  ti  f  ^®  present  Convention  being  of  a  special  nature  and 
convention  re-  the  result  of  mutual  concessions,  consented  to  with  a 
■tricted  to  locaii-  yj^^  ^^  adapting  them  to  local  conditions  and  the  pecul- 
iar necessities  of  the  Burmah-China  overland  trade, 
the  advantages  accruing  from  them  shall  not  be  invoked  by  the  sub- 
jects of  either  Power  residing  at  other  places  where  the  two  Empires 
are  conterminous,  excepting  where  the  same  conditions  prevail,  and 
then  only  in  return  for  similar  concessions. 

XIX.  The  arrangements  with  regard  to  trade  and  comtmerce  con- 

tained in  the  present  Convention  being  of  a  provi- 
^7^"®'^**'^'^"    sional  and  experimental  character,  it  is  agreed  that 

should  subsequent  experience  of  their  working,  or  a 
more  intimate  knowledge  than  is  now  possessed  of  the  requirements 
of  the  trade,  seem  to  require  it,  they  may  be  revised  at  the  demand 
of  either  party  after  a  lapse  of  six  years  after  the  exchange  of  ratifi- 
cations of  the  present  Convention,  or  sooner  should  the  two  Govern- 
ments desire  it. 

XX.  The  ratification  of  the  present  Convention  under  the  hand  of 

Her  Britannic  Majesty  and  of  His  Majesty  the  Emperor 
a    ca  0  .         ^j  China  shall  be  exchanged  in  London  in  six  months 

from  this  day  of  signature,  or  sooner  if  possible. 
The  Convention  shall  come  into  force  immediately  after  the  exchange 

of  ratifications. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         18 

In  token  whereof  the  respective  Plenipotentiaries  have  signed  this 
Convention  in  four  copies,  two  in  Chinese  and  two  in  English. 

Done  at  London,  this  1st  day  of  March,  1894,  corresponding  to  the 
24th  day  of  the  1st  moon  of  the  20th  year  of  Kuang  Hsii. 

[l.  s.]  Roseberry*. 

[l.  s.]  Si;ph. 

declaration. 

On  proceeding  to  the  signature  this  day  of  the  Convention  between 
Great  Britain  and  China,  giving  effect  to  Article  III  of  the  Convention 
relative  to  Burmah  and  Thibet,  signed  at  Peking  on  the  24th  July 
1886: « 

The  undersigned  Plenipotentiaries  declare  that,  inasmuch  as  the 
present  Convention  has  been  concluded  for  the  special  purpose  men- 
tioned in  the  preamble  thereof,  the  stipulations  contained  therein  are 
applicable  only  to  those  parts  of  the  dominions  of  Her  Britannic 
Majesty  and  of  His  Majesty  the  Emperor  of  China  to  which  the  said 
Convention  expressly  relates,  and  are  not  to  be  construed  as  applicable 
elsewhere. 

Done  at  London,  the  1st  day  of  March,  1894. 

[l.  8.]  ROSEBERRY. 

[l.  8.]  SlEH. 

«Hert8let,  Vol.  I,  87,  No.  16. 


No.  2. 

JAPAN. 

TREATY  OF  PEACE  BETWEEN  CHINA  AND  JAPAN.* 

SIGNED  AT  8HIM0N08EKI,  APRIL  17,  1895. 
RATIFICATIONS  EXCHANOSD  AT  CHEFOO,  MAY  8,  1895. 

His  Majesty  the  Emperor  of  China  and  His  Majesty  the  Emperor  of 
Japan,  desiring  to  restore  the  blessings  of  peace  to  their  countries  and 
subjects  and  to  remove  all  cause  for  future  complications,  have  named 
as  their  Plenipotentiaries  for  the  purpose  of  concluding  a  Treaty  of 
peace;  that  is  to  say,  His  Majesty  the  Emperor  of  China,  Li  Hung- 
chang.  Senior  Tutor  to  the  Heir  Apparent,  Senior  Grand  Secretary  of 
State,  Minister  Superintendent  of  Trade  for  the  Northern  Ports  of 
China,  Viceroy  of  the  Province  of  Chihli,  and  Earl  of  the  First  Rank, 
and  Li  Ching-fong,  Ex-Minister  of  the  Diplomatic  Service,  of  the 
Second  Official  Rank; 

And  His  Majesty  the  Emperor  of  Japan,  Count  Ito  Hirobumi, 
Junii,  Grand  Cross  of  the  Imperial  Order  of  Paullownia,  Minister 
President  of  State,  and  Viscount  Mutsu  Munemitsu,  Junii,  First 
Class  of  the  Imperial  Order  of  the  Sacred  Treasure,  Minister  of 
State  for  Foreign  Affairs; 

^Who,  after  having  exchanged  their  full  powers,  which  were  found  to 
be  in  good  and  proper  form,  have  agreed  to  the  following  Articles: — 

Article  I. 

China  recognizes  definitely  the  full  and  complete  independence  and 
autonomy  of  Corea,  and  in  consequence  the  payment 
Lidependence  of   ^f  tribute  and  the  performance  of  ceremonies  and  for- 
malities by  Corea  to  China,  in  derogation  of  such 
independence  and  autonomy,  shall  wholly  cease  for  the  future. 

Article  II. 

China  cedes  to  Japan  in  perpetuity  and  full  sovereignty  the  foUow- 
c    i       f  nart   ^^^  territories,  together  with  all  fortifications,  arsenals, 

of  Feng  Tien  Prov-    and  public  property  thereon : 

^^'  (a)  The  southern  portion  of  the  province  of  F6ng- 

tien,  within  the  following  boundaries: — 
The  line  of  demarcation  begins  at  the  mouth  of  the  River  Yalu  and 

flSee  History  of  the  Peace  negolialions,  documentary  and  verbal,  between  China  and 
Japan,  March-April,  1896,  pp.  26-29. 

14 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         15 

ascends  that  stream  to  the  mouth  of  the  Biver  An-ping;  from  thence 
the  line  runs  to  Ffing-huang;  from  thence  to  Haicheng;  from  thence 
to  Ying-kow,  forming  a  line  which  describes  the  southern  portion  of 
the  territoiy.  The  places  above  named  are  included  in  the  ceded  ter- 
ritory. When  the  line  reaches  the  River  Liao  at  Ying-kow,  it  follows 
the  course  of  that  stream  to  its  mouth  where  it  terminates.  The  mid- 
channel  of  the  River  Liao  shall  be  taken  as  the  line  of  demarcation. 

This  cession  also  includes  all  islands  appertaining  or  belonging  to 
the  province  of  FSng-tien,  situated  in  the  eastern  portion  of  the  Bay 
of  Liao-tung  and  in  the  northern  part  of  the  Yellow  Sea. 

{h)  The  island  of  Formosa,  together  with  all  islands  appertaining 
or  belonging  to  said  island  of  Formosa. 

(c)  The  Pescadores  Group,  that  is  to  say,  all  islands  lying  between 
the  119th  and  120th  degrees  of  longitude  east  of  Greenwich  and  the 
23rd  and  24th  degrees  of  north  latitude. 

ARTICIiE  III. 

The  alignments  of  the  frontiers  described  in  the  preceding  Article 
and  shown  on  the  annexed  Map,  shall  be  subject  to  the 

d^d^twrito*'*  ®'  verification  and  demarcation  on  the  spot,  by  a  Joint 
Commission  of  Delimitation  consisting  of  two  or  more 
Chinese  and  two  or  more  Japanese  Delegates  to  be  appointed  immedi- 
ately after  the  exchange  of  the  ratifications  of  this  Act.  In  case  the 
boundaries  laid  down  in  this  Act  are  found  to  be  defective  at  any  point, 
either  on  account  of  topography  or  in  consideration  of  good  adminis- 
tration, it  shall  also  be  the  duty  of  the  Delimitation  Commission  to 
rectify  the  same. 

The  Delimitation  Commission  will  enter  upon  its  duties  as  soon  as 
possible  and  will  bring  its  labors  to  a  conclusion  within  the  period  of 
one  year  after  appointment. 

The  alignments  laid  down  in  this  Act  shall,  however,  be  maintained 
until  the  rectifications  of  the  Deliffiitation  Commission,  if  any  are 
made,  shall  have  received  the  approval  of  the  Governments  of  China 
and  Japan. 

Articlk  IV. 

China  agrees  to  pay  toeTapan  as  a  war  indemnity  the  sum  of  200,000,000 
Kuping  Taels.     The  said  sum  is  to  be  paid  in  eight 

War  indemnity    installments.     The  first  installment  of  50,000,000  Taels 
to  Japan.  ....  . 

to  be  paid  within  six  months,  and  the  second  install- 
ment of  50,000,000  Taels  to  be  paid  within  twelve  months  after  the 
exchange  of  the  ratifications  of  this  Act.  The  remaining  sum  to  be 
paid  in  six  equal  annual  installments,  as  follows:  The  first  of  such 
equal  annual  installments  to  be  paid  within  two  years;  the  second 
within  three  years;  the  third  within  four  years;  the  fourth  within 


16         TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

five  years;  the  fifth  within  six  years,  and  the  sixth  within  seven  years, 
after  the  exchange  of  the  ratifications  of  this  Act,  Interest  at  the 
rate  of  5  per  centuin  per  annum  shall  begin  to  run  on  all  unpaid  por- 
tions of  the  said  indemnity  from  the  date  the  first  installment  falls  due. 
China  shall,  however,  have  the  right  to  pay  by  anticipation  at  any 
time  any  or  all  of  said  installments.  In  case  the  whole  amount  of  the 
said  indemnity  is  paid  within  three  j'^ears  after  the  exchange  of  the 
ratifications  of  the  present  Act,  all  interest  shall  be  waived  and  the 
interest  for  two  years  and  a  half  or  for  any  less  period  if  then  already 
paid,  shall  be  included  as  a  part  of  the  principal  amount  of  the 
indemnity. 

Article  V. 

The  inhabitants  of  the  territory  ceded  to  Japan,  who  wish  to  take 
up  their  residence  outside  the  ceded  districts,  shall  be 
ceSdtoiStoy. ""'   **  liberty  to  sell  their  real  property  and  retire. 

For  this  purpose  a  period  of  two  years  from  the 
date  of  the  exchange  of  the  ratifications  of  the  present  Act,  shall  be 
granted.  At  the  expiration  of  that  period  those  of  the  inhabitants 
who  shall  not  have  left  such  territories  shall  at  the  option  of  Japan, 
be  deemed  to  be  Japanese  subjects. 

Each  of  the  two  Governments  shall  immediately  upon  the  exchange 
of  the  ratifications  of  the  present  Act,  send  one  or  more  Commissioners 
to  Formosa  to  effect  a  final  transfer  of  that  Province  and  within  the 
space  of  two  months  after  the  exchange  of  the  ratifications  of  this  Act, 
such  transfer  shall  be  completed. 

Article  VI. 

All  treaties  between  China  and  Japan  having  come  to  an  end  in 
consequence  of  war,  China  engages  immediately  upon 
merce  and  aayiga-  ^^®  exchange  of  the  ratifications  of  this  Act,  to  appoint 
tion  to  be  nego-  Plenipotentiaries  to  conclude,  with  the  Japanese  Pleni- 
potentiaries, a  Treaty  of  Commerce  and  Navigation 
and  a  Convention  to  regulate  Frontier  Intercourse  and  Trade.  The 
Treaties,  Conventions,  and  Regulations  now  subsisting  between 
China  and  European  Powers  shall  serve  as  a  basis  for  the  said  Treaty 
and  Convention  between  China  and  Japan.  From  the  date  of  the 
exchange  of  the  ratifications  of  this  Act  until  the  said  Treaty  and  Con- 
vention are  brought  into  actual  operation,  the  Japanese  Government; 
its  oflScials;  commerce;  navigation;  frontier  intercourse  and  trade; 
industries;  ships,  and  subjects,  shall,  in  every  respect,  be  accorded  by 
China  most-favored-nation  treatment. 

China  makes  in  addition  the  following  concessions,  to  take  eflfect 
Openinir  of  new    ^^^  months  after  the  date  of  the  present  Act: 
localities  in  China       1st.  The  following  cities,  towns,  and  ports,  in  addi- 
to  trade.  ^^^^  ^^  those  already  opened,  shall  be  opened  to  the 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         17 

trade,  residence,  industries,  and  manufactures  of  Japanese  subjects, 
under  the  same  conditions  and  with  the  same  privileges  and  facilities 
as  exist  at  the  present  open  cities,  towns,  and  ports  of  China. 

(1)  Shashih,  in  the  province  of  Hupeh. 

(2)  Chungking,  in  the  province  of  Szechuan. 

(3)  Suchow,  in  the  province  of  Kiangsu. 

(4)  Hang-chow,  in  the  province  of  Chekiang. 

The  Japanese  Government  shall  have  the  right  to  station  Consuls  at 
any  or  all  of  the  above-named  places. 

2nd.  Steam  navigation  for  vessels  under  the  Japanese  flag  for  the 

Kaviffation  on  conveyance  of  passengers  and  cargo  shall  be  extended 
Chinese    inland    to  the  following  places: 

^*^"'  (1)  On  the  upper  Yangtsze  River,  from  I-chang  to 

Chung-king. 

(2)  On  the  Woo-sung  River  and  the  Canal,  from  Shanghai  to  Su-chow 
and  Hang-chow.  The  Rules  and  Regulations  which  now  govern  the 
navigation  of  the  inland  waters  of  China  by  foreign  vessels  shall,  so 
far  as  applicable,  be  enforced  in  respect  of  the  above-named,  routes 
until  new  Rules  and  Regulations  are  conjointly  agreed  to. 

3rd.  Japanese  subjects  purchasing  goods  or  produce  in  the  interior 

Renting  ware-  ^^  China  or  transporting  imported  merchandise  into 
houses.  the  interior  of  China,  shall  have  the  right  temporarily 

to  rent  or  hire  warehouses  for  the  storage  of  the  articles  so  purchased 
or  transported,  without  the  payment  of  any  taxes  or  exactions 
whatever. 

4:th.  Japanese  subjects  shall  be  free  to  engage  in  all  kinds  of  manu- 

Siffhtto  m  n-  ^^^^"^&  industries  in  all  the  open  cities,  towns,  and 
&otnre  in  open  lo-  ports  of  China,  and  shall  he  at  liberty  to  import  into 
ealities.  China  all  kinds  of  machiner}'^  paying  only  the  stipu- 

lated duties  thereon. 

All  articles  manufactured  by  Japanese  subjects  in  China,  shall  in 
respect  of  inland  transit  and  internal  taxes,  duties,  charges  and  exac- 
tions of  all  kinds  and  also  in  respect  of  warehousing  and  storage  facil- 
ities in  the  interior  of  China,  stand  upon  the  same  footing  and  enjoy 
the  same  privileges  and  exemptions  as  merchandise  imported  by  Jap- 
anese subjects  into  China. 

In  the  event  additional  Rules  and  Regulations  are  necessary  in  con- 
nection with  these  concessions,  they  shall  be  embodied  in  the  Treaty 
of  Commerce  and  Navigation  provided  for  by  this  Article. 

Article  VII. 

Subject  to  the  provisions  of  the  next  succeeding  Article,  the  evacua- 
Evacnation    of   tion  of  China  by  the  armies  of  Japan,  shall  be  com- 

^'***^-  pletely  effected  within  three  months  after  the  exchange 

of  the  ratifications  of  the  present  Act. 

27938—04 2 


18        TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Abticle  Vlll. 

Tern  ra  miU-  '^^  ^  guarantee  of  the  faithful  performance  of  the 
tary  occupation  of  stipulations  of  this  Act,  China  consents  to  the  tempo- 
Wei-Hai-wci.  Its  pg^j.y  occupation  by  the  military  forces  of  Japan,  of 
Wei-hai-wei  in  the  Province  of  Shantung. 

Upon  the  payment  of  the  first  two  installments  of  the  war  indemnity 
herein  stipulated  for  and  the  exchange  of  the  ratifications  of  the  Treaty 
of  Commerce  and  Navigation,  the  said  place  shall  be  evacuated  b}^  the 
Japanese  forces,  provided  the  Chinese  Government  consent  to  pledge, 
under  suitable  and  sufficient  arrangements,  the  Customs  Revenue  of 
China  as  a  security  for  the  payment  of  the  principal  and  interest  of 
the  remaining  installments  of  said  indemnity.  In  the  event  no  such 
arrangements  are  concluded,  such  evacuation  shall  only  take  place 
upon  the  payment  of  the  final  installment  of  said  indemnity. 

It  is,  however,  expressly  understood  that  no  such  evacuation  shall 
take  place  until  after  the  exchange  of  the  ratifications  of  the  Treaty  of 
Commerce  and  Navigation. 

Article  IX. 

Immediately  upon  the  exchange  of  the  ratifications  of  this  Act,  all 
prisoners  of  war  then  held  shall  be  restored  and  China 
oners  0  war.  undertakes  not  to  ill-treat  or  punish  prisoners  of  war 
so  restored  to  her  by  Japan.  China  also  engages  to  at  once  release  all 
Japanese  subjects  accused  of  being  military  spies  or  charged  with  any 
other  military  offenses.  China  further  engages  not  to  punish  in  any 
manner  nor  to  allow  to  be  punished,  those  Chinese  subjects  who  have 
in  any  manner  been  compromised  in  their  relations  with  the  Japanese 
army  during  the  war. 

Article  X. 

Cessation  of  miU-  All  offensive  military  operatipns  shall  cease  upon 
tary  operations.       ^^^^  exchange  of  the  ratifications  of  this  Act. 

Article  XI. 

The  present  Act  shall  be  ratified  by  their  Majesties  the  Emperor  of 
China  and  the  Emperor  of  Japan,  and  the  ratifications  shall  be 
exchanged  at  Chefoo,  on  the  14th  day  of  the  4th  month  of  the  21st 
year  of  Kwang  Hsu,  corresponding  to  the  8th  day  of  the  5th  month 
of  the  28th  year  of  Meiji.     (May  8th,  1895.) 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed  the 
same  and  have  affixed  thereto  the  seal  of  their  arms. 

Done  at  Shimonoseki,  in  duplicate,  this  28d  day  of  the  8d  month  of 


TBEATIES  AND  CONVENTIONB  WITH  CHINA  AND  KOREA.         19 

the  21st  year  of  Kwang  Hsii,  corresponding  to  the  17th  day  of  the 
4th  month  of  the  28th  year  of  Meiji.     (April  l7th,  1895.) 

Li  Hung  Chang,     [l.  s.] 

«  Plenipotentiary  of  His  Majesty  the  Emperor  of  China, 

Senior  Tutor  of  the  Heir  Apparent,  Senior  Grand  Secre- 
tary of  State,  Minister  Superintendent  of  Trade  for  the 
North  Ports  of  China,  Viceroy  of  the  Province  of  Chihli, 
and  Earl  of  the  First  Rank. 

Li  Ching  Fong. 

Plenipotentiary  of  His  Majesty  the  Emperor  of  China, 
Ex-Minister  of  the  Diplomatic  Service,  of  the  Second 
Official  Rank. 

Count  Ito  Hirobumi.     [l.  s.] 

Junii,  Grand  Cross  of  the  Imperial  Order  of  Paullownia, 
Minister  President  of  State,  Plenipotentiary  of  His 
Majesty  the  Emperor  of  Japan. 

Viscount  Mutsu  Munemitsu.    [l.  s.] 

Junii,  First  Class  of   the  Imperial  Order  of  the   Sacred 
Treasure,  Minister  of  State  for  Foreign  Affairs,  Plenipo- 
^  tentiary  of  His  Majesty  the  Emperor  of  Japan. 

SEPARATE  ARTICLES. 
Article  1. 
The  Japanese  military  forces  which  are,  under  Article  VIII  of  the 
MUitarrf      to    ^^^^^J  ^^  peace  signed  this  day,  to  temporarily  occupy 
oeenpy    Wai-iiai-    Wei-hai-wei,  shall  not  exceed  one  Brigade  and  from 
^■^*'  the  date  of  the  exchange  of  the  ratifications  of  the  said 

treaty  of  peace,  China  shall  pay  annually,  one-fourth  of  the  amount  of 
the  expenses  of  such  temporary  occupation  that  is  to  say,  at  the  rate 
of  600,000  Kuping  Taels  per  annum. 

Article  II. 

The  territory  temporarily  occupied  at  Wei-hai-wei  shall  comprise 

„  _^,  the  island  of  Liu-kuncf  and  a  belt  of  land  5  Japanese  Ri 

Territory  occn-  **  * 

pled  at  Wei-hai-  wide  along  the  entire  coast  line  of  the  Bay  of  Wei- 
^•^'  hai-wei. 

No  Chinese  troops  shall  be  permitted  to  approach  or  occupy  any 
places  within  a  zone  of  5  Japanese  Ri  wide  beyond  the  boundaries  of 
the  occupied  territory. 

Article  III. 

The  civil  administration  of  the  occupied  territory  shall  remain  in  the 

^,         ,  hands  of  the  Chinese  Authorities.     But  such  Authori- 

Chinete    to  re- 
tain eivil  admin-    ties  slxall  at  all  times  be  obliged  to  conform  to  the 

istration.  orders  which  the  Commander  of  the  Japanese  Arm}'^  of 


20        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

occupation  may  deem  it  necessary  to  give  in  the  interest  of  the  heaith, 
maintenance,  safety,  distribution  or  discipline  of  the  Troops. 

All  military  offences  committed  within  the  occupied  territory  shall 
be  subject  to  the  jurisdiction  of  the  Japanese  Military  Authorities. 

The  foregoing  Separate  Articles  shall  have  the  same  force,  value  and 
effect  as  if  they  had  been,  word  for  word,  inserted  in  the  Treaty  of 
Peace  signed  this  day. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed  the 
same  and  have  affixed  thereto  the  seal  of  their  arms. 

Done  at  Shimonoseki,  in  duplicate,  this  23rd  day  of  the  3rd  month 
of  the  21st  year  of  Kuang  Hsii,  corresponding  to  the  17th  day  of  the 
4:th  month  of  the  28th  year  of  Miji.     (April  17th,  1895.) 

(Signatures  (4)  and  titles,  same  as  in  Treaty.) 

CONVENTION  TO  PROLONG  ARMISTICE. 

The  undersigned  (insert  here  names  and  titles  of  the  2  Chinese 
Plenipotentiaries,  as  in  Preamble  of  Treaty)  Plenipotentiaries  of  His 
Majesty  the  Emperor  of  China,  and  (insert  here  names  and  titles  of  2 
Japanese  Plenipotentiaries  as  in  preamble  of  Treat}'^)  Plenipotentiaries 
of  His  Majesty  the  Emperor  of  Japan,  having  concluded  a  Treaty  of 
Peace,  have,  in  order  to  provide  for  the  peaceful  exchange  of  the  rati- 
fications of  said  Treaty,  agreed  upon  and  signed  the  following  Articles: 

I. 

The  Convention  of  Armistice  concluded  on  the  5th  day  of  the  3rd 

month  of  the  21st  year  of  Kwang  Hsii,  corresponding 

Armittioe.  ^  ^^^  ^^^^  ^^^  ^^  ^j^^  ^^  month  of  the  28th  year  of 

Meiji,  is  prolonged  for  the  period  of  21  days  from  this  date. 

n. 

The  armistice,  which  is  prolonged  by  this  Convention,  shall  termi- 
nate, without  notice  on  either  side,  at  midnight  on  the  14:th  day  of  the 
4th  month  of  the  21st  year  of  Kwang  Hsu,  corresponding  to  the  8th 
day  of  the  6th  month  of  the  28th  year  of  Meiji.  The  rejection  in  the 
meantime,  however,  of  the  said  Treaty  of  Peace,  by  either  High  Con- 
tracting Party,  shall  have  the  effect  of  at  once  terminating  this  Armis- 
tice without  previous  notice. 

In  witness  whereof  the  Plenipotentiaries  of  China  and  Japan  have 
hereunto  set  their  hands  and  affixed  their  seal. 

Done  at  Shimonoseki,  this  23rd  day  of  the  3rd  month  of  the  21st 
year  of  Kuang  Hsii,  corresponding  to  the  17th  day  of  the  4:th  month 
of  the  28th  year  of  Meiji.     (April  I7th,  1895.) 

(Signatures  (4)  and  titles,  same  as  in  Treaty.) 


Ko.3. 

FRANCE. 

ADDITIONAL  CONVENTION   TO  THE   SUPPLEMENTARY    COMMERCIAL 
CONVENTION  OF  JUNE  26,  1887,  BETWEEN  FRANCE  AND  CHINA. « 

Signed  at  Peking,  20th  June,  1895. 
[Trannlatlon.] 

The  President  of  the  French  Republic  and  His  Majesty  the  Emperor 
of  China,  being  desirous  of  encouraging  and  extending  along  the  Sino- 
Annamite  frontier,  henceforth  defined  as  far  as  the  Mekong,*  the 
extension  of  commercial  relations  between  the  two  countries  and  of 
insuring  the  execution  of  the  treat}^  of  commerce  signed  at  Tientsin, 
April  25,  1886,  as  well  as  of  the  Supplementary  Convention,  signed  at 
Peking,  June  26, 1887,  have  decided  to  conclude  an  Additional  Conven- 
tion, containing  several  new  provisions  and  modifying  certain  of  the 
provisions  included  in  the  previous  documents. 

For  this  purpose  the  two  High  Contracting  Parties  have  named  as 
their  respective  Plenipotentiaries,  to  wit: 

The  President  of  the  French  Republic,  M.  Auguste  Gerard,  Minister 
Plenipotentiary,  Envoy  Extraordinary  of  the  French  Republic  in 
China,  OflScer  of  the  Legion  of  Honor,  etc.,  etc.,  and  His  Majesty  the 
Emperor  of  China,  His  Highness  Prince  K'ing,  Prince  of  the  first 
rank.  President  of  the  Tsung-li  Yamen,  etc.,  etc.,  and  His  Excellency 
Hsu  Yung-i,  member  of  the  Tsung-li  Yamen  and  of  the  Grand  Council 
of  the  Empire,  etc.,  etc.. 

Who  having  communicated   their  full   powers,  which  have  been 

recognized  as  in  good  and  due  form,  have  agreed  on  the  following 

articles: 

Article  I. 

It  is  agreed,  so  as  to  insure  the  policing  of  the  frontier,  that  the 
French  Government  will  have  the  right  of  maintain- 
t?°*^^huf*^**'*    ing  an   agent  of   the  Consular  order  at  Tong-hing 
opposite  Monkay  on  the  frontier  of  Kwang-tung. 

(^Documents  Diplomaiiques,  Chines  1894-1S98.  p.  16-19.  See  also  British  and  Foreign 
StaU  Papers,  Vol.  LXXXVII,  pp.  525-528. 

&  This  was  done  by  the  Complementary  Convention  of  June  20,  1895,  to  the  Con- 
vention for  the  Boundary  Delimitation  between  Tongking  and  China,  signed  June  26, 
1887.  See  Documents  Diplomatiques,  Chine j  1894-1898^  pp.  14-16.  It  is  not  given  in 
the  present  collection. 

21 


22        TREATIES  AND  CONVENTIONS  WIl'H  CHINA  AND  KOREA. 

A  further  regulation  will  determine  the  conditions  under  which  should 
be  exercised,  by  agreement  between  the  French  and  Chinese  authori- 
ties, the  mutual  police  of  the  Sino-Annamite  frontier. 

Art.  11.  Article  II  of  the  Additional  Convention,  signed  at  Peking, 
June  26th,  1887,  is  modified  and  completed  as  follows: 
Mdng-tse/and^-  ^^  ^^  agreed  between  the  High  Contracting  Parties 
k'on  opened  to  that  the  town  of  Lung-chou  in  Kwang-si  and  that  of 
Mgng-tse  in  Yiin-nan  are  open  to  Fi'anco-Annamite 
commerce.  It  is  furthermore  understood  that  the  locality  open  to 
commerce  on  the  river  route  of  Lao-kay  to  MSng-tse  will  no  longer 
be  Man-hao,  but  Ho-k'ou,  and  that  the  French  Government  shall  have 
the  right  of  maintaining  at  Ho-k'ou  an  Agent  under  the  Consul  at 
M6ng-tse,  at  the  same  time  the  Chinese  Government  will  keep  a  Cus- 
toms agent  there. 

Art.  III.  It  is  agreed  that  the  town  of  Ssu-mao  in  Yiin-nan  shall 

be  open  to  Franco-Annamite  commerce,  like  Lung- 

to  toad"**  ®P*^®*    chou  and  Meng-tse,  and  that  the  French  Government 

will  have  the  right,  as  in  the  other  open  ports,  of 

maintaining  a  Consul  there,  at  the  same  time  the  Chinese  Government 

can  keep  a  Customs  agent. 

The  local  authorities  will  exert  themselves  to  facilitate  the  installa- 
tion of  the  French  Consul  in  a  suitable  residence. 

Frenchmen  and  French  protegds  may  establish  themselves  at  Ssu- 
mao  under  conditions  provided  for  by  Articles  VII,  X,  XI,  XII,  and 
others  of  the  Treaty  of  June  27,  1858;  as  well  as  by  Article  HI  of  the 
Convention  of  April  25, 1886.  Goods  destined  for  China  can  be  trans- 
ported by  the  rivers,  particularly  the  Lo-so  and  the  Mekong  as  well 
as  by  land  routes,  and  particularly  by  the  official  road,  leading  either 
from  Mong-lS,  or  from  I-pang  to  Ssu-mao  and  P'u-erh,  the  duties  which 
these  goods  will  be  subject  to  being  paid  at  Ssu-mao. 

Art.  IV.  Article  IX  of  the  Commercial  Convention  of  April  25, 
1886,  is  modified  as  fpllows: — 
B^n^ChineBe^-       (^)  Chinese  goods  in  transit  from  one  or  the  other 
Annam  frontier.       of  the  four  towns  open  to  commerce  on  the  frontier, 

Eeguiations.  Lung-chou,  M§ng-tse,  Ssu-mao  and  Ho-k'ou,  in  pass- 
ing through  Annam,  will  pay,  on  leaving,  duties  reduced  b}^  four- 
tenths.  A  special  certificate  will  be  delivered  setting  forth  the  pay- 
ment of  this  duty,  and  destined  to  accompany  the  goods.  When  they 
have  come  to  the  other  town,  they  shall  be  exempt  from  the  payment 
of  import  duty. 

(2)  Chinese  goods  exported  from  the  four  above-named  localities 
and  transported  to  Chinese  maritime  or  river  ports,  open  to  commerce, 
shall  pay  on  passing  the  frontier  export  duty  reduced  by  four-tenths. 
A  special  certificate  will  be  delivered  setting  forth  the  payment  of  this 
duty,  and  destined  to  accompany  the  goods.     When  they  shall  arrive 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         23 

at  one  of  the  maritime  or  river  ports  open  to  commerce,  they  shall 
pay  the  half  re-importation  duty  in  conformity  with  the  general  rule 
for  all  goods  of  like  nature  in  the  maritime  or  river  ports  open  to 
commerce. 

(3)  Chinese  goods  transported  from  Chinese  maritime  or  river  ports 
open  to  commerce,  by  way  of  Annam,  towards  the  four  above  named 
localities,  shall  pay  on  crossing  (the  frontier)  full  duty.  A  special  cer- 
tificate will  be  delivered,  setting  forth  the  payment  of  this  duty,  and 
destined  to  accompany  the  goods.  When  they  shall  arrive  at  one  of 
the  frontier  customs  stations  they  shall  pay  on  entry  half  re-importa- 
tion duty  based  on  the  reduction  by  four-tenths. 

(4)  The.  above  mentioned  Chinese  goods,  when  accompanied  by  the 
special  certificate  above  mentioned,  shall,  before  passing  through  the 
customs  on  exportation,  or  after  passing  through  the  customs  on 
re-importation,  be  subject  to  the  regulations  governing  native  Chinese 
goods. 

Art.  V.  It  is  understood   that  China,  for  the  exploitation  of  its 

Mining  in  Tiin-  iJ^ines  in  the  provinces  of  Yiin-nan,  Kwang-si,  and 
nan,  Kwang-si,  Kwang-tung,  may  call  upon,  in  the  first  instance, 
an  wang-  ng.  pj.gjj^jj  manufacturers  ^nd  engineers,  the  exploitation 
remaining  nevertheless  subject  to  the  rules  proclaimed  by  the  Imperial 
Government  as  regarding  national  industries. 

It  is  agreed  that  railways  either  those  already  in  existence,  or  those 
projected  in  Annam  may,  after  mutual  agreement,  and  under  condi- 
tions to  be  defined,  be  continued  on  Chinese  territory. 

Art.  VI.  Article  II  of  the  Telegraphic  Convention  between  France 

and  China,  signed  at  Chefoo,  December  1,  1888,  is 
Extension  of  i  ±  j        ^   n 

telegraph  Unes.       completed  as  follows:— 

D. — A  junction  shall  be  made  between  the  Second- 
ary Prefecture  of  Ssu-mao  and  Annam  by  two  stations,  which  shall  be 
Ssu-mao  in  China  and  Muang-ha-hin  (Muong-ngay-neua)  in  Annam, 
midway  between  Lai-chou  and  Luang  Prabang. 

The  tariff  shall  be  fixed  in  conformity  with  Article  VI  of  the  Tele- 
graphic Convention  of  Chefoo. 

Art.  VII.  It  is  agreed  that  the  commercial  stipulations  contained  in 

p  ^   the  present  Convention  being  of  a  special  nature,  the 

Conyention  not  to  result  of  mutual  concessions  resulting  from  the  needs 
Mattes  Mmed^*"  ^*  the  relations  between  Lung-chou,  Ho-k'ou,  Mgng- 
tse,  Ssu-mao,  and  Annam,  the  benefits  resulting  there- 
from shall  not  be  appealed  to  by  the  subjects  and  the  proteges  of  the  two 
High  Contracting  Parties  except  at  the  localities  as  well*  as  on  the  river 
and  land  routes  of  the  frontier  here  set  forth. 

Art.  Vni.  The  present  stipulations  shall  come  into  force  as  if  they 
were  inserted  in  the  text  of  the  Additional  Convention  of  June  26, 1887. 


24        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Art.  IX.  The  terms  of  former  Treaties,  Agreements 
remain  in  force.  ^^^  Conventions  between  France  and  China,  not  mod- 
ified by  the  present  Treaty  shall  remain  in-  full  force. 
The  present  Complementary  Convention  shall  be  ratified  at  once  by 
His  Majesty  the  Emperor  of  China,  and  after  it  shall  have  been  rati- 
fied by  the  President  of  the  French  Republic,  the  exchange  of  ratifi- 
cations shall  take  place  at  Peking  with  the  least  delay  possible. 

Done  at  Peking  in  four  copies  20th  June  1895,  corresponding  to  the 
28th  day  of  the  6th  moon  of  the  21st  year  Kwang-hsti. 

(Signed)  A.  Gerard. 

(Signed)  Ching. 

(Signed)  HsC. 


IDENTIC  NOTES  EXPLANATORY  OF  THE  PROVISIONS  OF  THE  COM- 
MERCIAL CONVENTION  BETWEEN  FRANCE  AND  CHINA  OF  JUNE  20, 
1895,  AND  OF  THE  RAILWAY  CONTRACT  OF  JUNE  5,  1896. « 

The  Tsung-li  Yamen  to  Mr.  Gerard,  Minister  of  the  French 
Republic  at  Peking. 

[Translation.] 

13th  Day,  5th  Moon,  23d  Year  Kuang-hsC  (12  June  1897). 

The  Imperial  Government  of  China  and  the  Government  of  the 
French  Republic,  animated  with  a  mutual  and  equal  desire  to  facilitate 
and  develop,  in  conformity  with  treaties  and  conventions,  and  as 
evidence  of  their  feelings  of  concord,  neighborly  and  commercial  rela- 
tions between  China  and  Annam,  have  striven  by  an  interchange  of 
views  and  an  agreement  between  our  Yamen  and  the  Legation  of  the 
Republic;  to  define  more  precisely  and  clearly  the  carrying  out  of 
certain  provisions  of  the  convention  made  between  China  and  France. 

With  this  object  in  view,  our  Yamen  and  the  Legation  of  the 
Republic  have  agreed  on  the  three  following  formulas: 

V.  It  is  understood  that  in  compliance  with  Article  V  of  the  Com- 
mercial Convention  of  June  20,  1895,  as  well  as  the  contract  of  June  5, 
1896,  between  the  Compagnie  de  Fives-Lille  and  the  official  Adminis- 
tration of  the  Dong-dang  and  Lung-chou  Railroad,  and  the  despatches 
exchanged  the  2d  and  25th  June  of  the  same  year  between  our  Yamen 
and  the  Legation  of  the  Republic,  if  the  Compagnie  de  Fives-Lille  has 
satisfactorily  succeeded,  and  as  soon  as  the  line  from  Dong-dang  to 
Lung-chou  shall  be  finished,  a  request  will  of  necessity  be  made  it  to 
continue  the  said  line  in  the  direction  of  Nan-ning  and  Pe-se. 

2**.  It  is  understood,  in  compliance  with  Article  V  of  the  Comple- 
mentary Commercial  Convention  of  June  20,  1895,  that  in  the  three 

(^Documents  DiplomcUiqueSy  Chiney  1894-1898.  p.  39.  An  identic  note  bearing  the 
same  date  was  sent  to  the  Tsung-li  Yamen  by  Mr.  Gerard.     See  Ibid,,  p.  38. 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         25 

southern  border  provinces,  Kuang-tung,  Kuang-si  and  Yiin-nan,  the 
Chinese  Government  may  call  upon  French  engineers  and  manufac- 
turers for  working  mines. 

3**.  It  is  understood  that  China  shall  undertake  works  for  the 
improvement  of  navigation  on  the  upper  Red  River,  and  that  in  the 
interest  of  commerce  she  will  grade  and  improve  the  route  from  Ho-k'ou 
to  Man-hao  and  Meng-tse  as  far  as  the  provincial  capital.  It  is  under- 
stood furthermore  that  the  right  will  be  conceded  to  construct  a  rail- 
way communication  between  the  Annam  frontier  and  the  provincial 
capital,  either  bj^  way  of  the  Pe-se  river  region,  or  by  that  of  the 
upper  Red  River;  the  (preliminary)  studies  and  the  carrying  out  by 
China  to  be  done  gradually. 

These  formulas  are  incorporated  in  the  present  exchange  of  de- 
spatches as  evidence.  Our  Yamen  and  the  Legation  of  the  Republic, 
faithful  interpreters  of  the  mutual  opinion  of  the  two  Governments, 
agree  that  these  formulas  are  intended  to  define  certain  provisions  of 
the  conventions  previously  concluded  between  the  two  Governments, 
and  to  insure  their  effectual  carrying  out  in  a  spirit  of  mutual  con- 
fidence and  good  will,  and  in  the  equal  interest  of  the  two  countries. 

(Follow  the  signatures  of  the  President  and  the  Members  of  the 
Tsung-li  Yamen). 


No.  4. 

JAPAN. 

CONVENTION  BETWEEN  JAPAN  AND  CHINA  FOR  THE  RETROCESSION 
BY  JAPAN  TO  CHINA  OF  THE  SOUTHERN  PORTION  OF  THE  PROVINCE 
OF  FENG-TIEN.a 

Signed  at  Peking,  November  8,  1896. 

Ratifications  Exchanged  at  Peking,  November  29,  1895. 

Article  I.  Japan  retrocedes  to  China  in  perpetuity  and  full  sover- 
eignty the  southern  portion  of  the  Province  of  Feng 
cede  "***'^  "^**"    "^^^1  which  was  ceded  to  Japan  under  Article  II  of 
the  Treaty  of  Shimonoseki  of  the  17th  day  of  the  4:th 
month  of  the  28th  year  of  Meiji,  corresponding  to  the  23rd  day  of  the 
3d  month  of  the  21st  year  of  Kuang  Hsu,  together  with  all  fortifica- 
tions, arsenals  and  public  property  thereon  at  the  time  the  retroceded 
territory  is  completely  evacuted  by  the  Japanese  forces  in  accordance 
with  the  provisions  of  Article  III  of  this  Convention,  that  is  to  say, 
the  southern  portion  of  the  Province  of  Feng  Tien  from  the  mouth  of 
the  River  Yalu  to  the  mouth  of  the  River  An-ping,  thence  to  Feng 
Huang  Ch'Sng,  thence  to  Haicheng,  and  thence  to  Ying-Kow;  also  all 
cities  and  towns  to  the  south  of  this  boundary  and  all  islands  apper- 
taining or  belonging  to  the  Province  of  Feng  Tien  situated  in  the 
eastern  portion  of  the  Bay  of  Liao-Tung  and  in  the  northern  part  of 
the  Yellow  Sea.     Article  III  of  the  said  Treaty  of  Shimonoseki  is  in 
consequence  suppressed,  as  are  also  the  provisions  in  the  same  Treaty 
with  reference  to  the  conclusion  of  a  Convention  to  regulate  frontier 
intercourse  and  trade, 
n.  As  compensation  for  the  retrocession  of  the  southern  portion  of 
the  Province  of  Feng  Tien,  the  Chinese  Government 
Ueu^ftorrito^^  ^   engage  to  pay  to  the  Japanese  Government  30,000,000 
Kuping  taels  on  or  before  the  16th  day  of  the  11th 
month  of  the  28th  year  of  Meiji,  corresponding  to  the  30th  day  of  the 
9th  month  of  the  2l8t  year  of  Kuang  Hsii. 
in.  Within  three  months  from  the  day  on  which  China  shall  have 
paid    to    Japan    the    compensatory    indemnity    of 
ment**    ®'  P*^'    30,000,000  Kuping  taels  provided  for  in  Article  II  of 
this  Convention,  the  retroceded  territory  shall  be  com- 
pletely evacuated  by  the  Japanese  forces. 
IV.  China  engages  not  to  punish  in  any  manner  nor  to  allow  to  be 
punished  those  Chinese  subjects  who  have  in  any  man- 
habSntf  ^  ^  ^'    ^^^  ^®®^  compromised  in  connection  with  the  occupa- 
tion by  the  Japanese  forces  of  the  retroceded  territory. 


aBritvih  and  Foreign  State  Papers,  Vol.  LXXXVII,  p.  1195. 
26 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         27 

V.  The  present  Convention  is  signed  in  duplicate,  in  the  Japanese, 

Chinese,  and  English  languages.  All  these  texts  have 
thStotiv©!^***^'   ^^^  same  meaning  and  intention,  but  in  case  of  any 

differences  of  interpretation  between  the  Japanese  and 
Chinese  texts,  such  differences  shall  be  decided  by  reference  to  the 
English  text. 

VI.  The  present  Convention  shall  be  ratified  by  His  Majesty  the 
Emperor  of  Japan  and  His  Majesty  the  Emperor  of  China,  and  the 
ratifications  thereof  shall  be  exchanged  at  Peking  within  twenty -one 
days  from  the  present  date. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same,  and  have  afllxed  thereto  the  seal  of  their  arms. 

Done  at  Peking,  this  8th  day  of  the  11th  month  of  the  28th  year  of 
Meiji,  corresponding  to  the  22nd  day  of  the  9th  month  of  the  21st 
year  of  Kuang  Hsu. 

[l.  s.]  Hayashi  Tadasu. 

[l.  s.]  Li  Hung-Chang. 


PROTOCOL. 

In  view  of  the  insufficiency  of  time  to  effect  a  formal  exchange  of 
the  ratifications  of  the  Convention  between  Japan  and  China  signed 
this  day  respecting  the  retrocession  of  the  Peninsula  of  Feng  Tien, 
before  the  date  named  in  the  said  Convention  for  certain  stipulations 
thereof  to  take  effect,  the  Government  of  His  Majesty  the  Emperor 
of  Japan  and  the  Government  of  His  Majesty  the  Emperor  of  China, 
in  order  to  prevent  the  possibility  of  delay  in  putting  into  execution 
the  several  provisions  of  the  said  Convention,  have,  through  their 
respective  Plenipotentiaries,  agreed  upon  the  following  stipulations: 

The  Governments  of  Japan  and  China  shall,  within  the  period  of 
five  days  after  the  date  of  this  Protocol,  announce  to  each  other 
through  the  undersigned,  their  respective  Plenipotentiaries,  that  the 
said  Convention  has  received  the  approval  of  His  Majesty  the  Emperor 
of  Japan  and  His  Majesty  the  Emperor  of  China,  respectively,  and 
thereupon  the  said  Convention  in  all  its  parts  shall  come  into  operation 
as  fully  and  effectually  as  if  the  ratifications  thereof  had  actually  been 
exchanged. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same,  and  have  affixed  thereto  the  seal  of  their  arms. 

Done  at  Peking,  this  8th  day  of  the  11th  month  of  the  28th  year  of 
Meiji,  corresponding  to  the  22nd  day  of  the  9th  month  of  the  21st 
year  of  Kuang  Hsix. 

[l.  s.]  Hayashi  Tadasu. 

[l.  s.]  Li  Hung-Chang. 


No.  5. 

GKEAT  BRITAIIf— FRANCE, 

DECLARATION  BETWEEN  GREAT  BRITAIN  AND  FRANCE,  WITH  REGARD 
TO  THE  KINGDOM  OF  SI  AM  AND  OTHER  MATTERS  (ADVANTAGES 
IN  YtJNNAN  AND  SZECHUEN;  TERRITORIES  TO  THE  WEST  OF  THE 
LOWER  NIGER;  COMMERCIAL  ARRANGEMENTS  IN  TUNIS).* 

Signed  at  London,  January  15,  1896. 

The  Undersigned,  duly  authorized  by  their  respective  Governments, 
have  signed  the  following  Declaration: — 

I.  The  Governments  of  Great  Britain  and  France  engage  to  one 

another  that  neither  of  them  will,  without  the  consent 

BritiBh    and    of  the  other,  in  an}'^  case,  or  under  any  pretext,  advance 

influencJ^in  Biam.    their  armed  forces  into  the  region  which  is  comprised 

in  the  basins  of  the  Petcha  Bouri,  Meiklong,  Menam 
and  Bang  Pa  Kong  (Petriou)  Rivers  and  their  respective  tributaries, 
together  with  the  extent  of  coast  from  Muong  Bang  Tapan  to  Muong 
Pase,  the  basins  of  the  rivers  on  which  those  two  places  are  situated, 
and  the  basins  of  the  other  rivers,  the  estuaries  of  which  are  included 
in  that  coast;  and  including  also  the  territory  lying  to  the  north  of  the 
basin  of  the  Menam,  and  situated  between  the  Anglo-Siamese  frontier, 
the  Mekong  River,  and  the  eastern  watershed  of  the  Me  Ing.  They 
further  engage  not  to  acquire  within  this  region  any  special  privilege 
or  advantage  which  shall  not  be  enjoyed  in  common  by,  or  equally 
open  to.  Great  Britain  and  France  and  their  nationals  and  dependents. 
These  stipulations,  however,  shall  not  be  interpreted  as  derogating 
from  the  special  clauses  which,  in  virtue  of  the  Treaty  concluded  on 
the  3rd  October,  1893,  between  France  and  Siam,  apply  to  a  zone  of 
25  kilom.  on  the  right  bank  of  the  Mekong  and  to  the  navigation  of 
that  river. 

II.  Nothing  in  the  foregoing  clause  shall  hinder  any  action  on  which 

the  two  Powers  may  agree,  and  which  they  shall  think 

Independence  of    necessary  in  order  to  uphold  the  independence  of  the 

Kingdom  of  Siam.     But  they  engage  not  to  enter  into 

any  separate  Agreement  permitting  a  third  Power  to  take  any  action 

from  which  they  are  bound  by  the  present  Declaration  themselves  to 

abstain. 


a  British  and  Foreign  State  Papers,  1895-96,  Vol.  LXXXVIII,  pp.  13-16. 
28 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         29 

III.  From  the  mouth  of  the  Nam  Huok  northwards  as  far  as  the 

Chinese   frontier  the   thalweg  of  the  Mekong  shall 
iiekong  thalweg   form  the  limit  of  the  possessions  or  spheres  of  influence 
of  Great  Britain  and  France.     It  is  agreed  that  the 
nationals  and  dependents  of  each  of  the  two  countries  shall  not  exer- 
cise any  jurisdiction  or  authorit}^  within  the  possessions  or  sphere  of 
influence  of  the  other. 
The  police  of  the  islands  in  this  part  of  the  river  which  are  separated 
from  the  British  shore  by  a  branch  of  the  river  shall, 
FoiueofiBi|ndt    ^^  \ong  as  they  are  thus  separated,  be  intrusted  to  the 
French  authorities.     The  fishery  shall  be  open  to  the 
inhabitants  of  both  banks. 

IV.  The  two  Governments  agree  that  all  commercial  and  other 

privileges  and  advantages  conceded  in  the  two  Chinese 
Ho  excintive  provinces  of  Yunnan  and  Szechuen  either  to  Great 
other  priviieget  Britain  or  France,  in  virtue  of  their  respective  Con- 
in    Timnan    and    yentions  with  China  of  the  1st  March,  1894,  and  the 

20th  June,  1895,  and  all  privileges  and  advantages  of 
any  nature  which  may  in  the  future  be  conceded  in  these  two  Chinese 
provinces,  either  to  Great  Britain  or  Finance,  shall,  as  far  as  rests  with 
them,  be  extended  and  rendered  common  to  both  Powers  and  to  their 
nationals  and  dependents,  and  they  engage  to  use  their  influence  and 
good  offices  with  the  Chinese  Government  for  this  purpose. 

V.  The  two  Governments  agree  to  name  Commissioners  delegated 
Delimitation  of   ^J  ^^^  ^^  them,  who  shall  be  charged  to  fix  by  mutual 

territory  weet  of   agreement,  after  examination  of  the  titles  produced  on 
wer    iger.  either  side,  the  most  equitable  delimitation  between 

the  British  and  French  possessions  in  the  region  situated  to  the  west 
of  the  Lower  Niger. 

VI.  In  conformity  with  the  stipulations  of  Article  XL  of  the  Gen- 

eral Convention  concluded  between  Great  Britain  and 
^^^n^tnuonlt  the  Regency  of  Tunis  on  the  19th  July,  1875,  which 
Jniy  19,  1875,  provides  for  a  revision  of  that  Treaty  ''in  order 
wi  it,agree  ^^^  ^j^^  ^^^  Contracting  Parties  may  have  the  oppor- 
tunity of  hereafter  treating  and  agreeing  upon  such 
other  arrangements  as  may  tend  still  further  to  the  improvement 
of  their  mutual  intercourse,  and  to  the  advancement  of  the  interests 
of  their  respective  people,"  the  two  Governments  agree  at  once  to 
commence  negotiations  for  replacing  the  said  General  Convention  by 
a  new  Convention,  which  shall  correspond  with  the  intentions  proposed 
in  the  Article  above  referred  to. 

Done  at  London,  the  15th  January,  1896. 

[l.  s.]  Salisbury. 

[l.  s.]  Alph.  de  Courcel. 


No.  6. 
japa:n^. 

TREATY  OF  COMMERCE  AND  NAVIGATION  BETWEEN  JAPAN  AND 

CHINA. 

Signed  at  Peking,  21st  Day  op  7th  Month,  29th  Year  op  Meiji  (218t  July,  1896); 
Ratipied  29th  Day  op  9th  Month,  29th  Year  op  Meiji  (29th  September,  1896); 
Ratipications  exchanged  at  Peking,  20Tn  Day  op  10th  Month,  29th  Year  op 

Meiji  (20th  November,  1896);  and 
Promulgated  28th  Day  op  10th  Month,  29th  Year  op  Meiji  (28th  November,  1896). 

His  Majesty  the  Emperor  of  Japan  and  His  Majesty  the  Emperor 
of  China,  having  resolved,  in  pursuance  of  the  provisions  of  Articles 
VI.  of  the  Treaty  signed  at  Shimonoseki  on  the  17th  day  of  the  4:th 
month  of  the  28th  year  of  Meiji,  corresponding  to  the  23rd  day  of  the 
3rd  month  of  the  21st  year  of  Kuang  Hsu,  to  conclude  a  Treaty  of 
Commerce  and  Navigation,  have  for  that  purpose  named  as  Their 
Plenipotentiaries,  that  is  to  say: 

His  Majesty  the  Emperor  of  Japan,  Baron  Hayashi  Tadasu, 
Shoshii,  Gi-and  Cross  of  the  Imperial  Order  of  the  Sacred  Treasure, 
Grand  Officer  of  the  Imperial  Order  of  the  Rising  Sun,  Minister 
Plenipotentiary  and  Envoy  Exti'aordinary;  and  His  Majesty  the 
Emperor  of  China,  Chang  Yen  Hoon,  Minister  Plenipotentiary,  Min- 
ister of  the  Tsungli-yamen,  Holding  the  rank  of  the  President  of  a 
Board  and  Senior  Vice-President  of  the  Board  of  Revenue; 

Who,  after  having  communicated  to  each  other  their  Full  Powers 
found  to  be  in  good  and  due  form,  have  agreed  upon  and  concluded 
the  following  Articles: — 

Article  I. 

There  shall  be  perpetual  peace  and  friendship  between  His  Majesty 

the  Emperor  of  Japan  and  His  Majesty  the  Emperor 

^Peace  and  friend-  of  China,  and  between  their  respective  subjects  who 

shall  enjo}''  equally  in  the  respective  countries  of  the 

High  Contracting  Parties  full  and  entire  protection  for  the'r  persons 

and  property. 

30 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         31 

Article  II. 

It  is  agreed  by  the  High  Contracting  Parties  that  His  Majesty  the 

Diplomatic  ^^^P®^^^  ^^  Japan  may,  if  he  see  fit,  accredit  a  Diplo- 
agents;  preroga-  matic  Agent  to  the  Court  of  Peking  and  His  Majesty 
tiw,  immnnities.  ^^^  Emperor  of  China  may,  if  he  see  fit,  accredit  a 
Diplomatic  Agent  to  the  Court  of  Tokio. 

The  Diplomatic  Agents  thus  accredited  shall  respectively  enjoy  all 
the  prerogatives,  privileges  and  immunities  accorded  by  international 
law  to  such  Agents  and  they  shall  also  in  all  respects  be  entitled  to  the 
treatment  extended  to  similar  Agents  of  the  most  favoured  nation. 

Their  persons,  families,  suites,  establishments,  residences  and  cor- 
respondence shall  be  held  inviolable.  They  shall  be  at  liberty  to  select 
and  appoint  their  own  officers,  couriers,  interpreters,  servants  and 
attendants  without  any  kind  of  molestation. 

Article  IH. 

His  Majesty  the  Emperer  of  Japan  may  appoint  Consuls-General, 

Consular  affents-  Consuls,  Vice-Consuls,  and  Consular  Agents  to  reside  at 
priviiegea,  immu-  such  of  the  ports,  cities  and  towns  of  China,  which  are 
^^^*'  now,  or  may  hereafter  be,  opened  to  foreign  residence 

and  trade,  as  the  interests  of  the  Empire  of  Japan  may  require. 

These  officers  shall  be  treated  with  due  respect  by  the  Chinese 
Authorities,  and  they  shall  enjoy  all  the  attributes,  authorit}^  jurisdic- 
tion, privileges  and  immunities  which  are,  or  may  hereafter  be, 
extended  to  similar  officers  of  the  nation  most  favoured  in  these  respects. 

His  Majesty  the  Emperor  of  China  may  likewise  appoint  Consuls- 
General,  Consuls,  Vice-Consuls  and  Consular  Agents  to  reside  at  any 
or  all  of  those  places  in  Japan,  where  Consular  officers  of  other  nations 
are  now,  or  may  hereafter,  be  admitted,  and,  saving  in  the  matter  of 
jurisdiction  in  respect  of  Chinese  subjects  and  property  in  Japan, 
which  is  reserved  to  the  Japanese  Judicial  Courts,  they  shall  enjoy 
the  rights  and  privileges  that  are  usually  accorded  to  such  officers. 

Article  IV. 

Japanese  subjects  may,  with  their  families,  employes  and  servants, 
frequent,  reside  and  carry  on   trade,  industries  and 
tradhig,  uid  o*^er   manufactures,  or  pursue  any  other  lawful  avocations 
rights  of  Japanese    in  all  the  ports,  cities  and  towns  of  China,  which  are 
"         '  now,  or  may  hereafter  be,  opened  to  foreign  residence 

and  trade.  They  are  at  liberty  to  proceed  to  or  from  any  of  the  open 
ports  with  their  merchandise  and  effects,  and  within  the  localities  at 
those  places  which  have  already  been,  or  may  hereafter  be,  set  apart 
for  the  use  and  occupation  of  foreigners,  they  are  allowed  to  rent  or 


32        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

purchase  houses,  rent  or  lease  land,  and  to  build  churches,  cemeteries 
and  hospitals,  enjoying  in  all  respects  the  same  privileges  and  immuni- 
ties as  are  now,  or  may  hereafter  be,  granted  to  the  subjects  or  citi- 
zens of  the  most  favoured  nation. 

Article  V. 

Japanese  vessels  may  touch  for  the  purpose  of  landing  and  shipping 
passengers  and  merchandise  in  accordance  with  the  ex- 
Chtaa*"  *'  ^^^  ^^  isting  Rules  and  Regulations  concerning  foreign  trade 
there  at  all  those  places  in  China,  which  are  now  ports 
of  call,  namely,  Ngan-ching,  Ta-tung,  Hu-kow,  Wu-sueh,  Lu-chi-kow 
and  Woosung  and  such  other  places  as  may  hereafter  be  made  ports  of 
call  also.  If  any  vessel  should  unlawfully  enter  ports  other  than  open 
ports  and  ports  of  call  in  China  or  carry  on  clandestine  trade  along  the 
coast  or  rivers,  the  vessel  with  her  cargo  shall  be  subject  to  confiscation 
by  the  Chinese  Government. 

Article  VI. 

Japanese  subjects  may  travel,  for  their  pleasure  or  for  purposes  of 
trade,  to  all  parts  of  the  interior  of  China,  under  pass- 
asspor  .  ports  issued  by  Japanese  Consuls  and  countersigned 

by  the  Local  Authorities.  These  passports,  if  demanded,  must  be 
produced  for  examination  in  the  localities  passed  through.  If  the  pass- 
ports be  not  irregular,  the  bearers  will  be  allowed  to  proceed  and  no 
opposition  shall  be  offered  to  their  hiring  of  persons,  animals,  carts  or 
vessels  for  their  own  conveyance  or  for  the  carriage  of  their  personal 
effects  or  merchandise.  If  they  be  without  passports  or  if  they  com- 
mit any  offence  against  the  law,  they  shall  be  handed  over  to  the  near- 
est Consul  for  punishment,  but  they  shall  only  be  subject  to  necessary 
restraint  and  in  no  case  to  ill-usage.  Such  passports  shall  remain  in 
force  for  a  period  of  thirteen  Chinese  months  from  the  date  of  issue. 
Any  Japanese  subject  travelling  in  the  interior  without  passport  shall 
be  liable  to  a  fine  not  exceeding  three  hundred  Taels.  Japanese  sub- 
jects may,  however,  without  passports  go  on  excursions  from  any  of 
the  ports  open  to  trade,  to  a  distance  not  exceeding  one  hundred 
Chinese  li  and  for  a  period  not  exceeding  five  days.  The  provisions 
of  this  Article  do  not  apply  to  crews  of  ships. 

Article  VII. 

Japanese  subjects  residing  in  the  open  ports  of  China  may  take  into 
their  service  Chinese  subjects  and  employ  them  in  any 
Chinese  employed  lawful  capacity  without  restraint  or  hindrance  from 
the  Chinese  Government  or  Authorities. 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.         38 

Article  VIII. 

Japanese  subjects  may  hire  whatever  boats  they  please  for  the  con- 

mrinff  of  boats    ^^J^^^  ^^  cargo  or  passengers  and  the  sum  to  be 

XonopoUes.         paid  for  such  boats  shall  be  settled  between  the  parties 

BmnggUng.         themselves,  without  the  interference  of  the  Chinese 

Government  or  oflEicers.     No  limit  shall  be  put  upon  the  number  of 

boats,  neither  shall  a  monopoly  in  respect  either  of  the  boats  or  of  the 

porters  or  coolies  engaged  in  carrying  goods  be  granted  to  any  parties. 

If  any  smuggling  takes  place  in  them  the  offenders  will  of  course  be 

punished  according  to  law. 

Article  IX. 

The  Tariffs  and  Tariff  Rules  now  in  force  between  China  and  the 
Tariff  Western  Powers  shall  be  applicable  to  all  articles  upon 

Pavored- nation    importation  into  China  by  Japanese  subjects  or  from 
treatment  Japan,  or  upon  exportation  from  China  by  Japanese 

subjects  or  to  Japan.  It  is  clearly  understood  that  all  articles,  the 
importation  or  exportation  of  which  is  not  expressly  limited  or  pro- 
hibited by  the  Tariffs  and  Tariff  Rules  existing  between  China  and  the 
Western  Powers,  may  be  freely  imported  into  and  exported  from 
China,  subject  only  to  the  payment  of  the  stipulated  import  or  export 
duties.  But  in  no  case  shall  Japanese  subjects  be  called  upon  to  pay 
in  China  other  or  higher  import  or  export  duties  than  are,  or  may  be, 
paid  by  the  subjects  or  citizens  of  the  most  favoured  nation;  nor  shall 
any  article  imported  into  China  from  Japan  or  exported  from  China 
to  Japan  be  charged  upon  such  importation  or  exportation,  other  or 
higher  duties  than  are  now,  or  may  hereafter  be,  imposed  in  China  on 
the  like  article  when  imported  from  or  exported  to  the  n^ion  most 
favoured  in  those  respects. 

Article  X. 

All  articles  duly  imported  into  China  by  Japanese  subjects  or  from 

Japan  shall,  while  being  transported,  subject  to  the 

JapMese^**"ffoo^s  existing  Regulations,  from  one  open  port  to  another,  be 

from  transit  and  wholly  exempt  from  all  taxes,  imposts,  duties,  lekin^ 

otter  taxes  be-  charges  and  exactions  of  every  nature  and  kind  what- 
tween  op^i  ports.  '^     ,  .        , , 

soever,  irrespective  of  the  nationality  of  the  owner  or 

possessor  of  the  articles,  or  the  nationality  of  the  conveyance  or  vessel 

in  which  the  transportation  is  made. 

Article  XI. 

It  shall  be  at  the  option  of  any  Japanese  subject  desiring  to  convey 
duly  imported  articles  to  an  inland  market  to  clear  his 
goods  of  all  transit  duties  by  payment  of  a  commutation 

27938-04 3 


84        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

transit  tax  or  duty,  equal  to  one-half  of  the  import  duty  in  respect  of 
dutiable  articles,  and  two  and  half  per  cent,  upon  the  value  in  respect 
of  duty  free  articles;  and  on  payment  thereof  a  certificate  shall  be 
issued,  which  shall  exempt  the  goods  from  all  further  inland  charges 
whatsoever.  It  is  understood  that  this  Article  does  not  apply  to 
imported  opium. 

Article  XII. 

All  Chinese  goods  and  produce  purchased  by  Japanese  subjects  in 
China  elsewhere  than  at  an  open  port  thereof  and 
foV^lx^^ot  intended  for  export  abroad,  shall  in  every  part  of 
only  subject  to  China  be  freed  from  all  taxes,  imposts,  duties,  lekin, 
tnmsit  and  export  ^[j^rges  and  exactions  of  every  nature  and  kind  what- 
soever, saving  only  export  duties  when  exported,  upon 
the  payment  of  a  commutation  transit  tax  or  duty  calculated  at  the 
rate  mentioned  in  the  last  preceding  Article  substituting  export  duty 
for  import  duty,  provided  such  goods  and  produce  are  actually  ex- 
ported to  a  foreign  country  within  the  period  of  twelve  months  from 
the  date  of  the  payment  of  the  transit  tax;  all  Chinese  goods  and 
produce  purchased  by  Japanese  subjects  at  the  open  ports  of  China 
and  of  which  export  to  foreign  countries  is  not  prohibited  shall  be 
exempt  from  all  internal  taxes,  imposts,  duties,  lekln^  charges  and 
exactions  of  every  nature  and  kind  whatsoever,  saving  only  export 
duties  upon  exportation  and  all  articles  purchased  by  Japanese  sub- 
jects in  any  part  of  China,  may  also,  for  the  purposes  of  export 
abroad,  be  transported  from  open  port  to  open  port,  subject  to  the 
existing  Rules  and  Regulations. 

Article  XIII. 

Merchandise  of  a  bona  jide  foreign  origin,  in  respect  of  which  full 
import  duty  shall  have  been  paid,  may  at  any  time 
of  fow^  goods!    within  three  years  from  the  date  of  importation  be 
]>rawbaok  certifl-    re-exported  from  China  by  Japanese  subjects  to  any 
^  ''  foreign  country,  without  the  payment  of  any  export 

duty;  and  the  re-exporters  shall,  in  addition,  be  entitled  forthwith  to 
receive  from  the  Chinese  Customs  dmwback  certificates  for  the  amount 
of  import  duty  paid  thereon,  provided  that  the  merchandise  remains 
intact  and  unchanged  in  its  original  packages.  Such  drawback  certifi- 
cates shall  be  immediately  redeemable  in  ready  money  by  the  Chinese 
Customs  Authorities  at  the  option  of  the  holders  thereof. 

Article  XIV. 

The  Chinese  Government  consents  to  the  establishment  of  Bonded 
Bonded    ware-    Warehouses  at  the  several  open  ports  of  China.     Reg- 
honsee.  ulations  on  the  subject  shall  be  made  hereafter. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.         35 

Article  XV. 

Japanese  merchant  vessels  of  more  than  one  hundred  and  fifty  tons 
burden,  entering  the  open  ports  of  China,  shall  be 

onnage  uei.  ^j^arged  tonnage  dues  at  the  rate  of  four  Tnace  per 
registered  ton;  if  of  one  hundred  and  fifty  tons  and  under,  they  shall 
be  charged  at  the  rate  of  one  7n(ice  per  registered  ton.  But  any  such 
vessel  taking  its  departure  within  forty-eight  hours  after  arrival,  with- 
out breaking  bulk,  shall  be  exempt  from  the  payment  of  tonnage  dues. 

Japanese  vessels  having  paid  the  above  specified  tonnage  dues  shall 
thereafter  be  exempt  from  all  tonnage  dues  in  all  the  open  ports  and 
ports  of  call  of  China  for  the  period  of  four  months  from  the  date  of 
clearance  from  the  port  where  the  payment  of  such  tonnage  dues  is 
made.  Japanese  vessels  shall  not,  however,  be  required  to  pay  ton- 
nage dues  for  the  period  during  which  they  are  actually  undergoing 
repairs  in  China. 

No  tonnage  dues  shall  be  payable  on  small  vessels  and  boats 
employed  by  Japanese  subjects  in  the  conveyance  of  passengers,  bag- 
gage, letters  or  duty  free  articles  between  any  of  the  open  ports  of 
China.  All  small  vessels  and  cargo  boats,  however,  conveying  mer- 
chandise which  is,  at  the  time  of  such  conveyance,  subject  to  duty, 
shall  pay  tonnage  dues  once  in  four  months  at  the  rate  of  one  mace 
per  ton. 

No  fee  or  charges  other  than  tonnage  dues  shall  be  levied  upon 
Japanese  vessels  and  boats,  and  it  is  also  understood  that  such  vessels 
and  boats  shall  not  be  required  to  pay  other  or  higher  tonnage  dues 
than  the  vessels  and  boats  of  the  most  favoured  nation. 

Article  XVI. 

Any  Japanese  merchant  vessel  arriving  at  an  open  port  of  China 
shall  be  at  liberty  to  engage  the  services  of  a  pilot  to 

**  *  ^  °  '  take  her  into  port.  In  like  manner,  after  she  has  dis- 
charged all  legal  dues  and  duties  and  is  ready  to  take  her  departure, 
she  shall  be  allowed  to  employ  a  pilot  to  take  her  out  of  port. 

Article  XVII. 

Japanese  merchant  vessels  compelled  on  account  of  injury  sustained 
or  any  other  cause  to  seek  a  place  of  refuge  shall  be 
piaor*of  *refage[   permitted  to  enter  any  nearest  port  of  China,  without 
Besoned  cargo  and    being  subject  to  the  payment  of  tonnage  dues  or  duties 
penons.  upon  goods  landed  in  order  that  repairs  to  the  vessel 

may  be  effected,  provided  the  goods  so  landed  remain  under  the  super- 
vision of  the  Customs  Authorities.  Should  any  such  vessel  be  stranded 
or  wrecked  on  the  coast  of  China,  the  Chinese  Authorities  shall  imme- 
diately adopt  measures  for  rescuing  the  passengers  and  crew  and  for 


36        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

securing  the  vessel  and  cargo.  The  persons  thus  saved  shall  receive 
friendly  treatment,  and,  if  necessary,  shall  be  furnished  with  means 
of  conveyance  to  the  nearest  Consular  station.  Should  any  Chinese 
merchant  vessel  be  compelled  on  account  of  injury  sustained  or  any 
other  cause  to  seek  a  place  of  refuge  in  the  nearest  port  of  Japan,  she 
shall  likewise  be  treated  in  the  same  way  by  the  Japanese  Authorities. 

Article  XVIII. 

The  Chinese  Authorities  at  the  several  open  ports  shall  adopt  such 
Sinii    Uwr  means  as  they  may  judge  most  proper  to  prevent  the 

revenue  suffering  from  fraud  or  smuggling. 

Article  XIX. 

If  any  Japanese  vessel  be  plundered  by  Chinese  robbers  or  pirates, 
Bobbers  and  pi-    ^^  shall  be  the  duty  of  the  Chinese  Authorities  to  use 
Tales.  every  endeavor  to  capture  and  punish  the  said  rob- 

bers or  pirates,  and  to  recover  and  restore  the  stolen  property. 

Article  XX. 

Jurisdiction  over  the  persons  and  property  of  Japanese  subjects  in 
China  is  reserved  exclusively  to  the  duly  authorized 
Japanese    persons  Japanese  Authorities,  who  shall  hear  and  determine 
and  property.  ^n  cases  brought  against  Japanese  subjects  or  prop- 

erty by  Japanese  subjects,  or  by  the  subjects  or  citizens  of  any  other 
Power,  without  the  intervention  of  the  Chinese  Authorities. 

Article  XXI. 

If  the  Chinese  Authorities  or  a  Chinese  subject  make  any  charge  or 

„.    ^  complaint  of  a  civil  nature  against  Japanese  subjects 

Xized  oases.  /  ^     i.   t  i.     •    W«         i.u 

or  m  respect  of  Japanese  property  m  China,  the  case 

shall  be  heard  and  decided  by  the  Japanese  Authorities. 

In  like  manner  all  charges  and  complaints  of  a  civil  nature  brought 

by  Japanese  Authorities  or  subjects  in  China  against  Chinese  subjects 

or  in  respect  of  Chinese  property,  shall  be  heard  and  determined  by 

the  Chinese  Authorities. 

Article  XXII. 

Japanese  subjects  charged  with  the  commission  of  any  crimes  or 

offences  in  China  shall  be  tried,  and,  if  found  guilty, 

fewer*'  *"**  **'"    pui^^shed  by  the  Japanese  Authorities  according  to 

the  laws  of  Japan. 

In  like  manner  Chinese  subjects  charged  with  the  commission  of 

any  crimes  or  offences  against  Japanese  subjects  in  China  shall  be  tried, 

and,  if  found  guilty,  punished  by  the  Chinese  Authorities  according 

to  the  laws  of  China. 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         37 

Akticle  XXIII. 

Should  any  Chinese  subject  fail  to  discharge  debts  incurred  to  a 
Japanese  subject,  or  should  he  fraudulently  abscond, 
ing  d^btow!**^"*'  ^^  Chinese  Authorities  will  do  their  utmost  to  effect 
his  arrest,  and  enforce  recovery  of  the  debts.  The 
Japanese  Authorities  will  likewise  do  their  utmost  to  bring  to  justice 
any  Japanese  subject  who  fraudulently  absconds  or  fails  to  discharge 
debts  incurred  by  him  to  a  Chinese  subject. 

Article  XXIV. 

If  Japanese  subjects  in  China,  who  have  committed  offences  or  have 
failed  to  discharge  debts  and  fraudulently  abscond, 
Japanese  and  Chi-  should  flee  to  the  interior  of  China  or  take  refuge  in 
nesa  absconding  houses  occupied  by  Chinese  subjects  or  on  board  of 
Chinese  ships,  the  Chinese  Authorities  shall,  at  the 
request  of  the  Japanese  Consul,  deliver  thera  to  the  Japanese 
Authorities. 

In  like  manner  if  Chinese  subjects  in  China,  who  have  committed 
offences  or  have  failed  to  discharge  debts  and  fraudulently  abscond, 
should  take  refuge  in  houses  occupied  by  Japanese  subjects  in  China 
or  on  board  of  Japanese  ships  in  Chinese  waters,  they  shall  be  deliv- 
ered up  at  the  request  of  the  Chinese  Authorities  made  to  the 
Japanese  Authorities. 

Article  XXV, 

The  Japanese  Government  and  its  subjects  are  hereby  confirmed  in 
all  privileges,  immunities  and  advantages  conferred  on 
tionteeatoent"*'  ^^^^  ^^  ^^^  Treaty  stipulations  between  Japan  and 
China,  which  are  now  in  force;  and  it  is  hereby 
expressly  stipulated  that  the  Japanese  Government  and  its  subjects 
will  be  allowed  free  and  equal  participation  in  all  privileges,  immuni- 
ties and  advantages  that  may  have  been,  or  may  be  hereafter,  granted 
by  His  Majesty  the  Emperor  of  China  to  the  Government  or  subjects 
of  any  other  nation. 

Article  XXVI. 

It  is  agreed  that  either  of  the  High  Contracting  Parties  may 
demand  a  revision  of  the  Tariffs  and  of  the  Commer- 
cial Articles  of  this  Treaty  at  the  end  of  ten  years 
from  the  date  of  the  exchange  of  the  ratifications;  but  if  no  such 
demand  be  made  on  either  side  and  no  such  revision  be  effected,  within 
six  months  after  the  end  of  the  first  ten  years,  then  the  Treaty  and 
Tariffs,  in  their  present  form,  shall  remain  in  force  for  ten  years  more, 
reckoned  from  the  end  of  the  preceding  ten  years,  and  so  it  shall  be 
at  the  end  of  each  successive  period  of  ten  years. 


88        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Article  XXVII. 

The  High  Contracting  Parties  will  agree  upon  Boles  and  Regula- 
Rules  and  reff-  ^^^^^  necessary  to  give  full  effect  to  this  Treaty, 
uiationg  putting  Until  such  Rules  and  Regulations  are  brought  into 
treaty  in  eifoot.  actual  operation,  the  Arrangements,  Rules  and  Regu- 
lations subsisting  between  China  and  the  Western  Powers,  so  far  as 
they  are  applicable  and  not  inconsistent  with  the  provisions  of  this 
Treaty,  shall  be  binding  between  the  Contracting  Parties. 

Article  XXVIII. 

The  present  Treaty  is  signed  in  the  Japanese,  Chinese  and  English 
languages.  In  order,  however,  to  prevent  future  dis- 
thSSttve^'***"  cussions,  the  Plenipotentiaries  of  the  High  Contract- 
ing Parties  have  agreed  upon  that  in  case  of  any 
divergence  in  the  interpretation  between  the  Japanese  and  Chinese 
texts  of  the  Treaty,  the  difference  shall  be  settled  by  reference  to  the 
English  text. 

Article  XXIX. 

The  present  Treaty  shall  be  ratified  by  His  Majesty  the  Emperor  of 
Japan  and  His  Majesty  the  Emperor  of  China,  and  the  ratifications 
thereof  shall  be  exchanged  at  Peking  as  soon  as  possible,  and  not  later 
than  three  months  from  the  present  date. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  same,  and  have  affixed  thereto  the  seal  of  their  arms. 

Done  at  Peking  this  21st  day  of  the  7th  month  of  the  29th  year  of 
Meiji,  corresponding  to  the  eleventh  day  of  the  sixth  month  of  the 
22nd  year  of  Kuang  Hsu. 

[l.  8.]  Hayashi  Tadasu 

Shoshii,  Grand  Cross  of  the  Imperial  Order  of  the  Sacred 
Treasure,  Grand  Officer  of  the  Imperial  Order  of  the  Rising 
Sun,  Minister  Plenipotentiary  and  Envoy  Extraordinary. 

[l.  s.]  Chang  Yen  Hoon 

Minister  Plenipotentiary,  Minister  of  the  Tsungli-yamen, 
holding  the  rank  of  the  President  of  a  Board  and  Senior 
Vice  President  of  the  Board  of  Revenue. 


PROTOCOL  SUPPLEMENTARY   TO  THE  TREATY   OF  COMMERCE   AND 
NAVIGATION  OF  JULY  21,  1896. 

Signed  at  Pbkinq,  October  19,  1896. 
[TianalatioiL] 

The  following  four  Articles  are  hereby  agreed  to  by  Baron  Hayashi 
Tadasu  (Sho-shi-i,  Decoration  of  the  Ist  Class),  Envoy  Extraordinary 
and  Minister  Plenipotentiary  of  Japan,  and  the  Ministers  Plenipoten- 
tiary, ministers  of  the  Tsungli-ya-men,  of  China,  to  wit: 

Art.  I.  It  is  hereby  agreed  that  special  Japanese  settlements  shall 
be  formed  at  the  places  newly  opened  to  commerce,  and  that  affairs 
relating  to  roads  and  police  shall  be  under  the  sole  control  of  the 
Japanese  consul. 

Art.  n.  Regulations  with  respect  to  steamers  or  ships  owned  or 
chartered  by  Japanese  subjects  at  Suchow,  Hangchow,  and  Shanghai 
shall  be  determined  after  conference  with  Japan,  on  the  basis  of  the 
Provisional  Regulations  for  the  conduct  of  business  by  foreign  mer- 
chants at  those  places,  issued  by  the  Shanghai  Customs  on  August 
of  third,  the  twenty-second  year  of  Kwang  Hsu. 

Art.  III.  The  Government  of  Japan  concedes  the  right  of  the 
Chinese  Government  to  enforce  on  articles  manufactured  by  Japanese 
subjects  in  China  such  a  tax  as  may  seem  expedient,  provided  that  the 
said  tax  shall  not  differ  from,  or  exceed,  the  tax  paid  by  Chinese  sub- 
jects. The  Chinese  Government  shall,  when  the  Japanese  Govern- 
ment so  desires,  immediately  provide  sites  for  the  formation  of  special 
Japanese  Settlements  in  Shanghai,  Tientsin,  Amoy,  and  Hankow. 

Art.  IY.  Instructions  shall  be  issued  to  the  official  in  command  in 
Shangtung,  that  no  Chinese  troops  shall  approach,  or  take  possession 
of  any  position,  within  5  Japanese  W,  or  about  40  Chinese  Z^,  of  the 
limit  of  any  positions  held  by  Japanese  forces  in  accordance  with 
treaty  stipulations. 

The  above  Protocol  shall  be  drawn  up  in  the  Chinese  and  Japanese 
languages  and  after  comparison,  the  two  copies  shall  be  signed  and 
sealed,  each  party  taking  one  of  the  copies. 

(Signed)  Hayashi  Tadasu. 

"  Prince  King. 

Yin  Lu. 
"  Chang  Yen-Hoon. 

Nineteenth  day,  tenth  month,  twenty-ninth  year  of  Meiji;  thirteenth 
day,  ninth  month,  twenty-second  year  of  Kuang-Hsu  (19th  October, 
1896). 


No.  7- 

GREAT  BBITArsr, 

AGREEMENT  BETWEEN  GREAT  BRITAIN  AND  CHINA,  MODIFYING 
THE  CONVENTION  OF  MARCH  1,  1894,  RELATIVE  TO  BURMAH  AND 
TIBET,  a 

Signed  at  Pbking,  February  4,  1897. 
Ratifications  Exchanged  at  Peking,  June  5,  1897. 

In  consideration  of  the  Government  of  Great  Britain  consenting  to 
waive  its  objections  to  the  alienation  ,by.  China,  by  the  Convention 
with  France  of  the  20th  June,  1895,*  of  territory  forming  a  portion  of 
Kiang  Hung,  in  derogation  of  the  provisions  of  the  Convention 
between  Great  Britain  and  China  of  the  1st  March,  1894,  it  has  been 
agreed  between  the  Governments  of  Great  Britain  and  China  that  the 
following  additions  and  alterations  shall  be  made  in  the  last-named 
Convention,  hereinafter  referred  to  as  the  original  Convention: — 

Art.  I.  It  is  agreed  that  the  frontier  between  the  two  Empires 
from  latitude  25°  35'  north  shall  run  as  follows: 
me.  Commencing  at  the  high  peak  situated  approxi- 

mately in  that  latitude  and  in  longitude  98°  14'  east  of  Greenwich  and 
18°  16'  west  of  Peking,  the  line  shall  follow,  as  far  as  possible,  the 
crest  of  the  hills  running  in  a  south-westerly  direction  to  Waning  Peak 
(Kaulyang),  and  shall  extend  thence  to  Sabu  Pum. 

From  Sabu  Pum  the  frontier  shall  run  in  a  line  along  the  watershed 
slightly  to  the  south  of  west  through  Shatrung  Pum  to  Namienku  Pum. 

Thence  it  shall  follow  a  line  to  be  fixed  after  local  investigation, 
dividing  the  Szis  and  the  Kumsas  as  far  as  the  Tabak  E^a;  thence  the 
Tabak  Kha  to  the  Namtabet;  thence  the  Namtabet  to  the  Paknoi  Kha; 
thence  the  Paknoi  Kha  to  its  source  near  Talang  Pum;  thence  the 
Talang  Pum  ridge  to  Bumra  Shikong. 

From  Bumra  Shikong  the  frontier  shall  follow  a  line  running  in  a 
south-west  direction  to  the  Laisa  Kha;  thence  the  Laisa  Kha  to  the 
Molfe  stream,  running  between  Kaddn  and  Laisa;  thence  the  Mol&  to 
its  confluence  with  the  Cheyang  Kha;  thence  the  Cheyang  Kha  to 
Alaw  Pum;  thence  the  Nampaung  stream  to  the  Taping. 

a  British  and  Foreign  SUde  Papers,  1896-1897.     Vol.  LXXXIX,  pp.  25-30. 
ft  See,  supra,  p.  21,  footnote  &. 

40 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.         41 
THE  TAPING  TO  THE  8HWELI  RIVER. 

II.  From  the  junction  of  the  Taping  and  the  Nampaung  streams  the 
frontier  shall  follow  the  Taping  to  the  neighbourhood  of  the  Lwalaing 
ridge;  thence  a  line  running  approximately  along  the  Lwalaing  ridge 
and  the  Lwalaing  stream  to  the  Namwan;  thence  the  Namwan  to  its 
junction  with  the  Shweli. 

Great  Britain  engages  to  recognize  as  belonging  to  China  the  tract 
to  the  south  of  the  Namwan  River,  near  Namkhai,  which  is  enclosed 
to  the  west  by  a  branch  of  the  Nam  Mak  River  and  the  Mawsiu  range 
of  hills  up  to  Loi  Chow  Peak,  and  thence  by  the  range  running  in  a 
north-easterly  direction  to  the  Shweli  River. 

In  the  whole  of  this  area  China  shall  not  exercise  any  jurisdiction 
or  authority  whatever.  The  administration  and  con- 
trol will  be  entirely  conducted  by  the  British  Govern- 
ment, who  will  hold  it  on  a  perpetual  lease  from  China,  paying  a  rent 
for  it,  the  amount  of  which  shall  be  fixed  hereafter. 

THE  SHWELI  TO  THE  MEKONG. 

III.  From  the  junction  of  the  Namwan  and  Shweli  the  frontier  shall 
follow  the  northern  boundary  of  the  State  of  North  Hsinwi,  as  at 
present  constituted,  to  the  Salween,  leaving  to  China  the  loop  of  the 
Shweli  River,  and  almost  the  whole  of  Wanting,  Mong-ko,  and 
Mong-ka. 

Starting  from  the  point  where  the  Shweli  turns  northward  near 
Namswan,  i.  e.  from  its  junction  with  the  Namyang,  the  frontier  shall 
ascend  this  latter  stream  to  its  source  in  the  Mong-ko  Hills,  in  about 
latitude  24°  7'  and  longitude  98°  15',  thence  continue  along  a  wooded 
spur  to  the  Salween  at  its  junction  with  the  Namoi  stream.  The  line 
shall  then  ascend  the  Salween  till  it  meets  the  northwest  boundary  of 
Eokang,  and  shall  continue  along  the  eastern  frontier  of  Kokang  till 
it  meets  the  Eunlong  circle,  leaving  the  whole  circle  of  Kunlong  to 
Great  Britain. 

The  frontier  shall  then  follow  the  course  of  the  river  forming  the 
boundary  between  Somu,  which  belongs  to  Great  Britain,  and  M§ng 
Ting,  which  belongs  to  China.  It  shall  still  continue  to  follow  the 
frontier  between  those  two  districts,  which  is  locally  well-known,  to 
where  it  leaves  the  aforesaid  river  and  ascends  the  hills,  and  shall 
then  follow  the  line  of  water  parting  between  the  tributaries  of  the 
Salween  and  the  Mekong  Rivers,  from  about  longitude  99°  east  of 
Greenwich  (17°  30'  west  of  Peking),  and  latitude  23°  20',  to  a  point 
about  longitude  99°  40'  east  of  Greenwich  (16°  60'  west  of  Peking) 
and  latitude  23°,  leaving  to  China  the  Tsawbwaships  of  KSng  Ma, 
Mengtung,  and  Mengko. 

At  the  last  named  point  of  longitude  and  latitude  the  line  strikes  a 
very  lofty  mountain  range,  called  Kong-Ming-Shan,  which  it  shall 


42        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

follow  in  a  southerly  direction  to  about  longitude  99°  30'  east  of 
Greenwich  (17°  west  of  Peking),  and  latitude  22°  30',  leaving  to  China 
the  district  of  Chen-pien  T'ing.  Then^  descending  the  western  slope 
of  the  hills  to  the  Namka  River,  it  will  follow  the  course  of  that  river 
for  about  10  minutes  of  latitude,  leaving  Munglem  to  China  and 
Manglun  to  Great  Britain. 

The  frontier  shall  then  follow  the  boundary  between  Munglem 
and  Kiang  Tong,  which  is  locally  well  known,  diverging  from  the 
Namka  River  a  little  to  the  north  of  latitude  22°,  in  a  direction  some- 
what south  of  east,  and  generally  following  the  crest  of  the  hills  till 
it  strikes  the  Namlam  River  in  about  latitude  21°  45'  and  longitude 
100°  east  of  Greenwich  (16^  30'  west  of  Peking). 

It  shall  then  follow  the  boundary  between  Kiang  Tong  and  Kiang 
Hung,  which  is  generally  formed  by  the  Namlam  River,  with  the 
exception  of  a  small  strip  of  territory  belonging  to  Kiang  Hung, 
which  lies  to  the  west  of  that  river,  just  south  of  the  last-named  paral- 
lel of  latitude.  On  reaching  the  boundary  of  Western  Kyaiug  Chaing, 
in  about  latitude  21°  27'  and  longitude  100°  12'  east  of  Greenwich 
(16°  18'  west  of  Peking),  the  frontier  shall  follow  the  boundary 
between  that  district  and  Kiang  Hung  until  it  reaches  the  Mbkeng 
River. 

IV.  (No  addition  to  original  Convention.) 

V.  It  is  agreed  that  China  will  not  cede  to  any  other  nation  either 
Mung  Lem  or  any  part  of  Kiang  Hung  on  the  right  bank  of  the 
Mekong,  or  any  part  of  Kiang  Hung  now  in  her  possession  on  the 
left  bank  of  that  river,  without  previously  coming  to  an  arrangement 
with  Great  Britain. 

VI.  Article  VI  of  the  original  Convention  shall  be  held  to  be 
modified  as  follows: 

It  is  agreed  that,  in  order  to  avoid  any  local  contention,  the  align- 
ments of  the  frontier  described  in  the  present  Agreement  shall  be 
verified  and  demarcated,  and,  in  the  event  of  their  being  found  defec- 
tive at  any  point,  rectified  by  a  Joint  Commission  appointed  by  the 
Governments  of  Great  Britain  and  China,  and  that  the  said  Commis- 
sion shall  meet,  at  a  place  hereafter  to  be  determined  by  the  two 
Governments,  not  later  than  twelve  months  from  the  date  of  the 
signature  of  the  present  Agreement,  and  shall  terminate  its  labours  in 
not  more  than  three  years  from  the  date  of  its  first  meeting. 

If  a  strict  adherence  to  the  line  described  would  intersect  any 
districts,  tribal  territories,  towns,  or  villages,  the  Boundary  Commis- 
sion shall  be  empowered  to  modify  the  line  on  the  basis  of  mutual 
concessions.  If  the  members  of  the  Commission  are  unable  to  agree 
on  any  point,  the  matter  of  disagreement  shall  at  once  be  referred  to 
their  respective  Governments. 

VII.  (No  addition  to  original  Convention) 
Vni.  (No  addition  to  original  Convention) 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         48 

IX.  Add  as  follows: — 

In  addition  to  the  Manwyne  and  Sansi  routes  sanctioned  by  the 
Convention  of  1894,  the  Governments  of  Great  Britain 

he^^l^^^^  ^  *^^  China  agree  that  any  other  routes,  the  opening  of 
which  the  Boundary  Commissioners  may  find  to  be  in 

the  interests  of  trade,  shall  be  sanctioned  on  the  same  terms  as  those 

mentioned  above. 

X.  (No  addition  to  original  Convention) 

XI.  (No  addition  to  original  Convention) 

XII.  Add  as  follows: — 

The  Chinese  Government  agrees  hereafter  to  consider  whether  the 
conditions  of  trade  justify  the  construction  of  rail- 
Ttowui^*^"  ^  ways  in  YGnnan,  and,  in  the  event  of  their  construc- 
tion, agrees  to  connect  them  with  the  Burmese  lines. 

Xin.  Whereas  by  the  original  Convention  it  was  agreed  that  China 

Briti  h  d  Chi-  ^^8^*  appoint  a  Consul  in  Burmah  to  reside  at  Ran- 
nese  coniuiar  offl-  goon;  and  that  Great  Britain  might  appoint  a  Consul 
••"•  to  reside  at  Manwyne;   and  that  the  Consuls  of  the 

two  Governments  should  each  within  the  territories  of  the  other  ^enjoy 
the  sanie  privileges  and  immunities  as  the  Consuls  of  the  most  favoured 
nation,  and,  further,  that,  in  proportion  as  the  commerce  between 
Burmah  and  China  increased,  additional  Consuls  might  be  appointed 
by  mutual  consent  to  reside  at  such  places  in  Burmah  and  Yunnan  as 
the  requirements  of  trade  might  seem  to  demand. 

It  has  now  been  agreed  that  the  Government  of  Great  Britain  may 
station  a  consul  at  Momein  or  Shunning-fu,  as  the  Government  of 
Great  Britain  may  prefer,  instead  of  at  Manwyne,  as  stipulated  in 
the  original  Convention,  and  also  to  station  a  Consul  at  Ssumao. 

British  subjects  aud  persons  under  British  protection  may  establish 
themselves,  and  trade  at  these  places,  under  the  same 
^^    ^     '    conditions  as  at  the  Treaty  ports  in  China. 

The  Consuls  appointed  as  above  shall  be  on  the  same  footing  as 
regards  correspondence  and  intercourse  with  Chinese  officials  as  the 
British  Consuls  at  the  Treaty  ports. 

XIV.  Instead  of  "Her  Britannic  Majesty's  Consul  at  Manwyne"  in 
the  original  Convention,  read  ''Her  Britannic  Majesty's  Consul  at 
Shunning  or  Momein",  in  accordance  with  the  change  made  in  Article 

xm. 

XV.  (No  addition  to  original  Convention) 

XVI.  (No  addition  to  original  Convention) 

XVII.  (No  addition  to  original  Convention) 

XVIII.  (No  addition  to  original  Convention) 

XIX.  Add  Bs  follows:— 

Failing  agreement  as  to  the  terms  of  revision,  the  present  arrange- 
ments shall  remain  in  force. 


44        TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Special  Article, — Whereas  on  the  20th  day  of  January,  1896,  the 

Wnohou-fu    in   '''^sung-li  Yamfen  addressed  an  official  despatch  to  Her 

Kwangsi    and    Majesty's  Charg6  d'Aflfaires  at  Peking,  informing  him 

Sid^KoV  KnS  ^^^  ^^  ^^®  ^^*  ^*y  ^*  December,  1895,  they  had 
in  Kwangtung  submitted  a  Memorial  respecting  the  opening  of  ports 
opened  to  trade.  ^^  ^j^^  West  River  to  foreign  trade,  and  had  received 
an  Imperial  Decree  in  approval,  of  which  they  officially  communicated 
a  copy. 

It  has  now  been  agreed  that  the  following  places,  viz.,  Wuchow-fu, 
in  Kwangsi,  and  Samshui  City  and  Kong  Kun  Market,  in  Kwangtung, 
shall  be  opened  as  Treaty  ports  and  Consular  stations,  with  freedom 
of  navigation  for  steamers  between  Samshui  and  Wuchow  and  Hong 
Kong  and  Canton,  by  a  route  from  each  of  these  latter  places  to  be 
selected  and  notified  in  advance  by  the  Imperial  Maritime  Customs, 
and  that  the  following  four  places  shall  be  established  as  ports  of  call 
for  goods  and  passengers,  under  the  same  Regulations  as  the  ports  of 
call  on  the  Yang-tzu  River,  namely,  Kongmoon,  Komchuk,  Shiuhing 
and  Takhing. 

It  is  agreed  that  the  present  Agreement,  together  with  the  Special 
Article,  shall  come  into  force  within  four  months  of  the  date  of  signa- 
ture, and  that  the  ratifications  thereof  shall  be  exchanged  at  Peking 
as  soon  as  possible. 

In  witness  whereof  the  Undersigned,  duly  authorized  thereto  by 
their  respective  Governments,  have  signed  the  present  Agreement. 

Done  at  Peking  in  triplicate — three  copies  in  English,  three  in 
Chinese — the  4:th  day  of  February,  in  the  year  of  our  Lord  1897. 

[l.  s.]  Claude  M.  MacDonald. 

[l,  8.]  (Chinese  signature  of  his  Excellency  Li.) 


r 


No.  8. 

GERMANY. 

OON^^ENTION  BETWEEN  THE  GERMAN  EMPIRE  AND  CHINA 
RESPECTING  THE  LEASE  OF  KIAO-CHAU.« 

Signed  at  PsKiNa,  Mabch  6,  1898. 
[Translation.] 

The  incidents  connected  with  the  Mission  in  the  Prefecture  of  Tsao- 
chau-foo,  in  Shantung,  being  now  closed,  the  Imperial  Chinese  Gov- 
ernment consider  it  advisable  to  give  a  special  proof  of  their  grateful 
appreciation  of  the  friendship  shown  to  them  by  Germany.  The 
Imperial  German  and  the  Imperial  Chinese  Governments,  therefore, 
inspired  by  the  equal  and  mutual  wish  to  strengthen  the  bonds  of 
friendship  which  unite  the  two  countries,  and  to  develop  the  economic 
and  commercial  relations  between  the  subjects  of  the  two  States,  have 
concluded  the  following  separate  Convention: — 

Article  I. 

His  Majesty  the  Emperor  of  China,  guided  by  the  intention  to 
strengthen  the  friendly  relations  between  China  and 
o«raufflftroo*B*  ^    Germany,  and  at  the  same  time  to  increase  the  mili- 
tary readiness  of  the  Chinese  Empire,  engages,  while 
reserving  to  himself  all  rights  of  sovereignty  in  a  zone  of  50  kilom. 
(100  Chinese  li)  surrounding  the  Bay  of  Kiao-chau  at  high-water,  to 
permit  the  free  passage  of  German  troops  within  this  zone  at  any  time, 
as  also  to  abstain  from  taking  any  measures,  or  issuing  any  Ordinances 
therein,  without  the  previous  consent  of  the  German  Government,  and 
especially  to  place  no  obstacle  in  the  way  of  any  regulation  of  the 
water-courses  which  may  prove  to  be  necessary.     His  Majesty  the 
Emperor  of  China,  at  the  same  time,  reserves  to  him- 
Big     resenre  .  ^^^^  ^j^^  right  to  station  troops  within  that  zone,  in 
agreement  with  the  German  Government,  and  to  take  other  military 
measures. 

<il>a8  StacUmrchiVy  vol.  61,  No.  11518.  Kiao-chau  was  declared  a  free  port  on  Sep- 
tember 2,  1898.    See  Reichscmzeiger,  September  5,  1898. 

45 


46        TREATIES  AND  0OKVENTION8  WITH  CHINA  AND  KOKEA. 

Article  II. 

With  the  intention  of  meeting  the  legitimate  desire  of  His  Majesty 
the  German  Emperor,  that  Germany,  like  other  Pow- 

em  ry..ea»e  .  ^^.^^  should  hold  a  place  On  the  Chinese  coast  for  the 
repair  and  equipment  of  her  ships,  for  the  storage  of  materials  and 
provisions  for  the  same,  and  for  other  arrangements  connected  there- 
with, His  Majesty  the  Emperor  of  China  cedes  to  Germany  on  lease, 
provisionally  for  ninety-nine  years,  both  sides  of  the  entrance  to  the 
Bay  of  Kiao-chau.  Germany  engages  to  construct,  at  a  suitable 
moment,  on  the  territory  thus  ceded,  fortifications  for  the  protection 
of  the  buildings  to  be  constructed  there  and  of  the  entrance  to  the 
harbour. 

Article  III. 

In  order  to  avoid  the  possibility  of  conflicts,  the  Imperial  Chinese 
Government  will  abstain  from  exercising   rights  of 

Limiti  of  tarri-  sovereignty  in  the  ceded  territory  during  the  term  of 
the  lease,  and  leaves  the  exercise  of  the  same  to  Ger- 
many within  the  following  limits: — 

(1.)  On  the  northern  side  of  the  entrance  to  the  bay: 

The  peninsula  bounded  to  the  north-east  by  a  line  drawn  from  the 
north-eastern  corner  of  Potato  Island  to  Loshan  Harbour. 

(2.)  On  the  southern  side  of  the  entrance  to  the  bay: 

The  peninsula  bounded  to  the  south-west  by  a  line  drawn  from  the 
south-westernmost  point  of  the  bay  lying  to  the  south-south-west  of 
Chiposan  Island  in  the  direction  of  Tolosan  Island. 

(3.)  The  Island  of  Chiposan  and  Potato  Island. 

(4.)  The  whole  water  area  of  the  bay  up  to  the  highest  water-mark 
at  present  known. 

(5.)  All  islands  lying  seaward  from  Kiao-chau  Bay,  which  may  be 
of  importance  for  its  defence,  such  as  Tolosan,  Chalienchow,  &c. 

The  High  Contracting  Parties  reserve  to  themselves  to  delimitate 

more  accurately,  in  accordance  with  local  traditions, 

the  boundaries  of  the  territory  leased  to  Germany  and 

of  the  50-kilom.  zone  round  the  bay,  by  means  of  Commissioners  to  be 

appointed  on  both  sides. 

Chinese  ships  of  war  and  merchant-vessels  shall  enjoy  the  same 
privileges  in  the  Bay  of  Kiao-chau  as  the  ships  of 

Bights  of  Chi-  other  nations  on  friendly  terms  with  Germany;  and 
chan'say!  *^'  ^^®  entrance,  departure,  and  sojourn  of  Chinese  ships 
in  the  bay  shall  not  be  subject  to  any  restrictions  other 
than  those  which  the  Imperial  German  Government,  in  virtue  of  the 
rights  of  sovereignty  over  the  whole  of  the  water  area  of  the  bay 
transferred  to  Germany,  may  at  any  time  find  it  necessary  to  impose 
with  regard  to  the  ships  of  other  nations. 


TBEATIE8  AND  0ONVEKTION8  WITH  CHINA  AND  KOBEA.    47 

Article  IV. 

navigation  sig-        Germany  engages  to  construct  the  necessary  navi- 
gation signals    on  the  islands  and  shallows  at  the 
entrance  of  the  bay. 
No  dues  shall  be  demanded  from  Chinese  ships  of  war  and  merchant- 
vessels  in  the  Bay  of  Eaao-chau,  except  those  which 
'****  may  be  levied  upon  other  vessels  for  the  purpose  of 

maintaining  the  necessary  harbour  arrangements  and  quays. 

Article  V. 

Should  Germany  at  some  future  time  express  the  wish  to  return 

Kiao-chau  Bay  to  China  before  the  expiration  of  the 

territo™*'^*"**    lease,   China    engages    to    refund    to  Germany  the 

expenditure  she  has  incurred  at  Kiao-chau,  and  to 

cede  to  Germany  a  more  suitable  place. 

Germany  engages  at  no  time  to  sublet  the  territory  leased  from 

China  to  another  Power. 

The  Chinese  population  dwelling  in  the  ceded  territory  shall  at  all 

times  enjoy  the  protection  of  the  German  Government, 

^^ieinieawd  provided  that  they  behave  in  conformity  with  law  and 

order;  unless  their  land  is  required  for  other  purposes 

they  may  remain  there. 

If  land  belonging  to  Chinese  owners  is  required  for  any  other  pur- 
pose, the  owner  will  receive  compensation  therefor. 
As  regards  the  re-establishment  of  Chinese  customs  stations  which 
formerly  existed  outside  the  ceded  territory,  but  within 
tomtitatioiu.  ^j^^  50-kilom.  zone,  the  Imperial  German  Government 
intends  to  come  to  an  agreement  with  the  Chinese  Government  for 
the  definitive  regulation  of  the  customs  frontier,  and  the  mode  of 
collecting  customs  duties,  in  a  manner  which  will  safeguard  all  the 
interests  of  China,  and  proposes  to  enter  into  further  negotiations  on 
the  subject. 

Sections  U  and  UI.« 

I.  The  Chinese  Government  sanctions  the  construction  by  Germany 

of  two  lines  of  railway  in  Shantung.     The  first  will 

^^^juiwayi   in    ^^^  from  Kiao-chau  and  Tsinan-f u  to  the  boundary  of 

Shantung  province  vid  Wei-hsien,  Tsinchow,  Pashan, 

a  The  following  sections  of  the  German-Chinese  Agreement  of  March  6, 1898,  have 
never  been  made  public  by  the  German  Government,  but  have  been  privately  com- 
municated to  persons  interested  in  the  development  of  the  Protectorate.  See  Pro- 
ceedings before  the  Budget  Commission  of  the  Reichstag,  April  29, 1898  in  Brit.  Blue 
Book,  China  No.  1  {1899),  p.  67.  See  also  for  Precis  of  these  Sections  of  the  Agree- 
ment Brit.  Blue  Book,  China  1  {1899),  p.  152.  The  text  as  given  here  of  these  sec- 
tions of  the  Agreement  is  based  on  unofficial  publications,  but  is,  it  is  believed, 
Bubetantially  correct. 


48        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Tsechuen  and  Suiping.  The  second  line  will  connect  Kiao-chau  with 
Chinchow,  whence  an  extension  will  be  constructed  to  Tsinan  through 
Laiwu-hsien.  The  construction  of  this  extension  shall  not  be  begun 
until  the  first  part  of  the  line,  the  main  line,  is  completed,  in  order  to 
give  the  Chinese  an  opportimity  of  connecting  this  line  in  the  most 
advantageous  manner  with  their  own  railway  system.  What  places 
the  line  from  Tsinan-f u  to  the  provincial  boundary  shall  take  in  en 
route  is  to  be  determined  hereafter. 

II.  In  order  to  carry  out  the  above  mentioned  railway  work  a  Chino- 
^  ..  _    German  Company  shall  be  formed,  with  branches  at 

pany  to  be  organ-  whatever  places  may  be  necessary,  and  in  this  Com- 
*■•*•  pany  both  German  and  Chinese  subjects  shall  be  at 

liberty  to  invest  money  if  they  so  choose,  and  appoint  directors  for  the 
management  of  the  undertaking. 

III.  All  arrangements  in  connection  with  the  works  specified  shall 

be  determined  by  a  future  conference  of  German  and 

Mode  of^wrry-    Chinese  representatives.     The  Chinese   Government 

shall  afford  every  facility  and  protection  and  extend 

every  welcome  to  representatives  of  the  German  Railway  Company 

operating  in  Chinese  territory. 
Profits  derived  from  the  working  of  these  railways  shall  be  justly 
_,,    .    .  ,   divided  pro  rata  between  the  shareholders  without 

profits.    German    regard  to  nationality.     The  object  of  constructing 

intentionB.  these  lines  is  solely  the  development  of  commerce. 

In  inaugurating  a  railway  system  in  Shantung  Germany  entertains  no 

treacherous  intention  towards  China,  and  undertakes  not  to  unlawfully 

seize  any  land  in  the  province. 

IV.  The  Chinese  Government  will  allow  German  subjects  to  hold 

and  develop  mining  property  for  a  distance  of  30  li 
Mines  and  min-    from  ^ach  side  of  these  railways  and  along  the  whole 
extent  of  the  lines.     The  following  places  where  min- 
ing operations  may  be  carried  on  are  particularly  specified  along  the 
northern  railway  from  Kiao-chau  to  Tsinan,  Wei-hsien,  Pa-shan-hsien 
and  various  other  points;  and  along  the  Southern  Kiao-chau-Tsinan 
Chinchow  line,  Chinchow-fu,  Laiwu-hsien,  etc. 
Chinese  capital  may  be  invested  in  these  operations  and  arrange- 
ments for  carrying  on  the  work  shall  hereafter  be 
rs.  jj^^  |jy  ^  joint  conference  of  Chinese  and  German 
representatives. 
All  German  subjects  engaged  in  such  works  in  Chinese  territory 
shall  be  properly  protected  and  welcomed  by  the  Chi- 
m^ew  *****^'*  ^    ^^^^  authorities  and  all  profits  derived  shall  be  fairly 
divided  between  Chinese  and  German  shareholders 
according  to  the  extent  of  the  interest  they  hold  in  the  undertakings. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBBA.         49 

In  trying  to  develop  mining  property  in  China,  Germany  is  actuated 
by  no  treacherous  motives  against  this  country,  but 

German  inten-  g^ekg  alone  to  increase  commerce  and  improve  the 
relations  between  the  two  countries. 

The  Chinese  Government  binds  itself  in  all  cases  where  foreign 

-     -        ^.  ,    assistance,  in  persons,  capital  or  material,  may  be 
f  reierentiai  iiji  i  »  i  •      t      -n       • 

treatment    prom-    needed  for  any  purpose  whatever  withm  the  Province 

ised  Germans.  ^f  Shantung,  to  offer  the  said  work  or  supplying  of 
materials,  in  the  first  instance  to  Gernian  manufacturers  and  mer- 
chants engaged  in  undertakings  of  the  kind  in  question. 

In  case  German  manufacturers  and  merchants  are  not  inclined  to 
undertake  the  performance  of  such  works  or  the  furnishing  of  mate- 
rials, China  shall  then  be  at  liberty  to  act  as  she  pleases. 

The  above  Agreement  shall  be  ratified  by  the  Sovereigns  of  both  the 
Contracting  States,  and  the  ratifications  exchanged  in  such  manner 
that,  after  the  receipt  in  Berlin  of  the  Treaty  ratified  by  China,  the 
copy  ratified  by  Germany  shall  be  handed  to  the  Chinese  Minister  in 
Berlin. 

The  foregoing  Treaty  has  been  di-awn  up  in  four  copies,  two  in 

German  and  two  in  Chinese,  and  was  signed  by  the  Representatives  of 

the  two  Contracting  States  on  the  6th  March,  1898,  corresponding  to 

the  14th  day  of  the  second  month  in  the  twenty-fourth  year  Kuang-hsii. 

(Great  Seal  of  the  Tsung-li  Yamgn.) 

The  Imperial  German  Minister, 

(Signed)  Baron  von  Heyking. 

Li  Hung-Chang  (in  Chinese), 
Imperial  Chinese  Grand  Secretary^ 
Minister*  of  the  Tsung-li  Yamen,  cfec,  d;c, 
Weng  Tung-Ho  (in  Chinese), 
Imperial  Chinese  Grand  Secretary^  Member  of  the 
Council  of  State^  Minister  oftlie  Tsung-li  Yam^^  d;c.^  dkc, 
27938—04 i 


No.  9. 

RUSSIA. 

CONVENTION  BETWEEN  RUSSIA   AND  CHINA  FOR  LEASE  TO  RUSSIA 
OF  PORT  ARTHUR,  TALIENWAN,  AND  THE  ADJACENT  WATERS.^ 

Signed  at  Peking,  March  27,  1898. 
[Translation.l 

ON  the  6th  day  of  the  8rd  moon  of  the  24th  year  of  Kuang  Hsu 
(27th  March,  189S),  His  Majesty  the  Emperor  of  China  especially 
deputed  the  Grand  Secretary  Li,  and  the  Vice-President  of  the  Board 
of  Revenue  Chang,  as  Plenipotentiaries  to  settle  the  matters  connected 
with  the  loan  of  Port  Arthur  and  Talienwan,  with  the  Russian  Charg6 
d' Affaires  Pavloflf. 

The  Convention  drawn  up  is  as  follows:— 

Article  I.  In  order  for  the  protection  of  the  Russian  fleet,  and  (to 
enable  it)  to  have  a  secure  base  on  the  north  coast  of 
lewe^*"**^  '^'  China,  His  Majesty  the  Emperor  of  China  agrees  to 
lease  to  Russia  Port  Arthur,  Talienwan,  and  the  adja- 
cent waters.  But  this  lease  is  to  be  without  prejudice  to  China's 
authority  in  that  territory. 

Art.  II.  The  boundary  of  the  territory  leased  in  pursuance  of  the 

foregoing  extends  from  Talienwan  northward  in  accord- 

"*       ''         ance  with  the  requirements  (of  the  situation)  on  land, 

and  of  the  protection  of  the  territory,  and  permission  shall  be  given 

for  its  being  placed  at  whatever  distance  may  be  necessary. 

The  exact  boundary  and  the  other  details  of  this  Convention,  shall 
be  jointly  arranged  at  St.  Petersburgh  with  Hsu  Ta-jSn,  after  the  sig- 
nature of  this  Convention,  with  all  possible  expedition,  and  a  separate 
special  Article  drawn  up.  After  the  boundary  has  been  decided,  all 
the  territory  included  in  it,  and  the  adjacent  waters  shall  be  entirely 
handed  over  to  Russia  to  use  under  lease. 

Art.  III.  The  term  of  lease  is  fixed  as  twenty-five  years  from  the 
date  of  signature.     On  expiration  an  extension  of  the 

arm  o    ease.      Iq^^j^  j^^lj  be  arranged  between  the  two  countries. 

a  From  British  Parliamentary  Blue  Book,  China,  No,  1.  {1899),  p.  128. 

The  text  of  this  convention  has  not  been  made  public  by  the  Russian  Government; 
as  given  here  it  is  a  translation  of  "a  Chinese  precis  of  the  agreement''  H.  Cordier, 
Hiti.  de»  ReL,  III,  362,  supplies  a  French  version,  but  it  is  only  a  translation  of  the 
English  here  printed. 

60 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.         51 

Art.  IV.  Within  tJie  term  fixed,  in  the  territory  leased  to  Russia, 

and  in  the  adjacent  waters,  all  movements  of  forces, 

teSt?**  ^  ^••^^  whether  naval  or  military,  and  (the  appointment  of) 

high  officials  to  govern  the  districts,  shall  be  entirely 

left  to  Russian  officers,  one  man  being  made  responsible,  but  he  is  not 

to  have  the  title  of  Governor-General  or  Governor. 

No  Chinese  troops  of  any  kind  whatever  are  to  be  allowed  to  be 

stationed  within  this  boundary.     Chinese  within  the  boundary  may 

leave  or  remain  at  their  pleasure,  and  are  not  to  be  driven  away. 

Should  any  criminal  cases  occur,  the  criminal  is  to  be  handed  over 

to  the  nearest  Chinese  official  to  be  punished  accord- 

'  ing  to  law,  in  accordance  with  the  arrangement  laid 

down  by  the  Vlllth  Article  of  the  Russian-Chinese  Treaty  of  the  10th 

year  of  Hsien  FSng  (1860). 

Art.  V.  To  the  north  of  the  territory  leased  there  shall  be  left  a 

piece  of  territory,  the  extent  of  which  is  to  be  arranged 

Heutrai  itrip.      ^^  jj^.  .^^  .g^  ^^^  ^j^^  Russian  Foreign  Office.     This 

piece  is  to  be  entirely  left  to  Chinese  officials,  but  no  Chinese  troops 
are  to  enter  it,  except  after  arrangement  with  the  Russian  officials. 
Art.  VI.  The  Governments  of  the  two  countries  agree  that,  as 

Port  Arthur  is  solely  a  naval  port,  only  Russian  and 
eioMd  port  Chinese  vessels  are  to  be  allowed  to  use  it,  and  it  is 

to  be  considered  a  closed  port  as  far  as  the  war  and 
merchant-vessels  of  the  other  Powers  are  concerned. 
As  to  Talienwan,  with  the  exception  of  a  part  within  the  port  which, 

like  Port  Arthur,  is  to  be  reserved  for  the  use  of 
trtL^ng^^i^^   *    Russian  and  Chinese  men-of-war,  the  remainder  is  to 

be  a  trading  port,  where  the  merchant-vessels  of  all 
countries  can  freely  come  and  go. 

Art.  VII.  Russia  definitely  recognizes  the  territory  leased,  but 
Port  Arthur  and  Talienwan  are  of  special  importance.  (As  to)  pro- 
vision of  funds,  she  will  herself  erect  what  buildings  are  required  for 
the  naval  or  military  forces,  for  the  erection  of  batteries,  or  barracks 
for  the  garrisons,  and  generally  provide  all  the  funds  required.^ 
Art.  VIII.  The  Chinese  Government  agree  that  the  principle  of 

the  permission  given  in  the  22nd  year  of  Kuang  Hsu 
extoSlJ^  ^  ^*    (^^^^)  *^  ^^^  Manchurian  Railway  Company  for  the 

construction  of  a  railway  shall  now,  from  the  date  of 
signature,  be  extended  to  the  construction  of  a  branch  line  from  a 
certain  station  on  the  aforesaid  main  line  to  Talienwan,  or,  if  necessity 

<(The  text  of  this  article  as  given  in  A.  Hoeie,  Manchuria^  47,  is  much  clearer  and 
is  probably  more  correct.  It  reads:  **Port  Arthur  and  Ta-lien-wan  are  the  points  in 
the  territory  leased  most  important  for  Russian  military  purposes.  Russia  shall, 
therefore,  be  at  liberty  to  erect  at  her  own  expense  forts  and  build  barracks  and  pro- 
vide defenses  at  such  places  as  she  desires. '^ 


52        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

requires,  the  same  principle  shall  be  extended  to  the  construction  of  a 
branch  line  from  the  main  line  to  a  convenient  point  on  the  sea-coast 
in  the  Liaotung  Peninsula,  between  Ying-tzu  (Newchwang)  and  the 
Yalu  River. 

The  provisions  of  the  Agreement  of  the  8th  September,  1896, 
between  the  Chinese  Government  and  the  Russo-Chinese  Bank  shall 
be  strictly  observed  with  reg'ard  to  the  branch  line  above  mentioned. 
The  direction  of  the  line  and  the  places  it  is  to  pass  shall  be  arranged 
by  Hsu  Ta-jen  and  the  Manchurian  Railway  Company.  But  this  rail- 
way concession  is  never  to  be  used  as  a  pretext  for  encroachment  on 
Chinese  territory,  nor  to  be  allowed  to  interfere  with  Chinese 
authority  or  interests. 

Art.  IX.  This  Convention  shall  come  into  force  from  the  date  of 
exchange  [sic]  by  the  Plenipotentiaries  of  both  countries.  After 
Imperial  ratification  exchange  shall  take  place  at  St.  Petersburgh. 


No.  11. 

FRANCE. 

CONVENTION  FOR  THE  LEASE  OF  KUANG-CHOU  WAN.a 

SUBMITTBD  TO  THE  TSUNO-LI  YaMSN,  MaY   27,  1898. 

Ratified  by  China,  January  6,  1900. 
[Translation.] 

Article  I. 

The  Chinese  Government,  in  consideration  of  its  friendship  for 

France,  has  given  by  a  lease  for  99  years  Kuang-chou 

Purposeo   ease.   ^^^  ^  ^j^^  French  Government  to  establish  there  a 

naval  station  with  coaling  depot,  but  it  is  undei'stood  that  this  shall 
not  offset  the  sovereign  rights  of  China  over  the  territory  ceded. 

Article  II. 

The  leased  territory  shall  include  the  waters  and  ground  necessary 
for  the  security,  the  provisioning  and  the  normal 
tery  leased.  "  development  of  the  naval  station  and  of  the  coaling 
depot,  that  is  to  say: 

(a)  The  island  of  Tong-hai; 

(J)  The  island  of  Nao-chou; 

{c)  At  Lei-chou,  a  strip  of  land  connecting  a  point  of  the  coast  south 
of  Kiu-man  sien  (Tiao-man)  and  situated  in  20°  50'  north  latitude,  with 
She-men  in  21°  25'  north  latitude  along  a  strip  roughly  indicated  on 
the  annexed  map. 

(d)  At  Kao-chou,  a  strip  of  land  comprised  between  2i°  25'  north 
latitude  and  21°  04'  north  latitude,  along  a  strip  roughly  indicated 
on  the  annexed  map. 

(e)  The  small  islands  situated  inside  of  Kuang-chou  wan,  as  well  as 
the  interior  and  exterior  waters  of  the  bay,  and  the  exterior  waters  of 
Nao-chou  and  of  Tong-hai,  within  the  limits  recognized  in  interna- 
tional law  (six  marine  miles). 

<^DocumerU$  Diplomatiques,  Chine,  1898-1899,  pp.  2-4.  This  lease  was  agreed  to  by 
China  on  April  10,  1898.  (See  infra,  No.  36. )  On  the  organization  of  the  leased  ter- 
ritory, see  ArrStis  MinigUrieU,  27th  and  31st  January,  1900,  in  Situation  de  Vlndo-Chine 
(1897-1901),  p.  117.    Kuang-chou  was  made  a  free  port  in  1900. 

55 


J 


56    TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

The  exact  limits  on  the  continent  of  Lei-chou  and  of  Kao-chou  shall 
be  fixed,  after  the  signing  of  the  present  convention,  when  special  sur- 
veys shall  have  been  made  by  officials  designated  by  the  two  Govern- 
ments. Said  officials  shall  Ijegin  their  work  without  delay,  so  that  all 
possible  misunderstanding  between  the  two  countries  shall  be  obviated. 

Article  III. 

The  territory  shall  be  governed  and  administered  during  the  99 

years  of  the  lease  by  France  alone,  so  that  all  possible 

AdminiBtration.    misunderstanding  between  the  two  countries  shall  be 

obviated. 
The  inhabitants  shall  continue  to  enjoy  their  property;  they  may 
continue  to  inhabit  the  leased  territory  and  pursue 
iii?Mtajiti^^^*    their  labors  and  occupations,  under  the  protection  of 
France,  so  long  as  they  respect  its  laws  and  regula- 
tions.    France  shall  pay  an  equitable  price  to  the  native  property 
owners  for  the  land  which  it  may  wish  to  acquire. 

Article  IV. 

France  may  erect  fortifications,  place  garrisons  of  troops  or  take 
Bi  ht  to    arri-    ^^^  other  defensive  measure  on  the  leased  land, 
■on  and  to  insure       She  may  erect  lighthouses,  set  buoys  and  signals 
navigation.  useful  for  navigation  on  the  leased  territory,  along  the 

islands  and  coasts,  and,  in  a  general  way,  take  all  measures  and  adopt 
all  plans  to  insure  the  freedom  and  safety  of  navigation. 

Article  V. 

Steamers  of  China  as  well  as  the  ships  of  the  Powers  having  diplo- 

»4  V*    **-    *-    matic  and   commercial   relations  with   her,  shall   be 
aighta  of  treaty  ' 

power  veaaeiB  in    treated  within  the  leased  territory  in  the  same  manner 
leased  territory.       ^g  jj^  ^j^^  opened  part  of  China. 

France  may  issue  all  regulations  she  may  wish  for  the  administra- 
tion of  the  territory  and  of  the  ports  and  particularly 

Light-honseand  j^^^  lighthouse  and  tonnage  dues  destined  to  cover  the 
tonnage  dnes.  jo  ^  r>     ^ 

expense  of  erecting  and  keeping  up  lights,  beacons  and 

signals,  but  such  regulations  and  dues  shall  be  impartially  used  for 

ships  of  all  nationalities. 

Article  VI. 

If  cases  of  ex1;mdition  should  occur,  they  shall  be  dealt  with  accord- 
ing to  the  provisions  of  existing  conventions  between 
France  and  China,  particularly  those  regulating  the 
neighboring  relations  between  China  and  Tongking. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         57 

Article  VII. 

The  Chinese  Government  authorizes  France  to  construct  a  railway 

connecting  a  point  on  the  bay  of  Kuang-chou  wan,  by 

bnSt^^*^  ^  ^*    ^^^  chou,  with  a  point  to  be  designated  on  the  west 

coast  of  Lei-chou,  in  the  neighborhood  of  On-pu.     This 

latter  point  shall  be  precisely  designated  later  on. 

China  will  give  the  land,  but  the  expenses  of  building  and  working 
shall  be  borne  by  France.  Chinese  shall  have  the  right  to  travel  and 
trade  on  the  railway,  in  accordance  with  the  general  tariff  in  force. 

The  mandarins  must  see  to  the  protection  of  the  railway  and  the  stock, 
but  the  repairs  and  maintenance  of  said  road  and  its  stock  shall  be  at 
the  expense  of  France. 

Article  VIII. 

France  may  also,  at  the  end  of  the  line  about  On-pu,  build  landing 

stages,  wharves,  storehouses  and   hospitals,  put  up 

Lnprovementfat    jighty,  buoys  and  signals.     The  nearest  deep  water 

anchorage  to  this  terminus  (territorial  waters)  shall  be 

exclusively  reserved  for  French  and  Chinese  ships  of  war,  those  of  the 

latter  nationality  only  when  neutral. 

The  present  convention  shall  come  into  force  at  once.  It  shall  be 
ratified  at  once  by  the  Emperor  of  China,  and  when  it  shall  have  been 
ratified  by  the  President  of  the  French  Republic,  the  exchange  of  rati- 
fications shall  take  place  at within  the  briefest  delay. 

Done  at  Peking  in  eight  copies,  of  which  four  are  in  the  French 
language  and  four  in  Chinese,  the ,  1898. 


No.  12. 

GREAT  BRITAIN. 

CONVENTION  BETWEEN  THE  UNITED  KINGDOM  AND  CHINA  RESPECT- 
ING  AN  EXTENSION  OF  HONG  KONG  TERRITORY.« 

Signed  at  Pbkinq,  June  9,  1898. 

Ratifications  Exchanged  at  London,  August  6,  1898. 

Whereas  it  has  for  many  years  past  been  recognized  that  an  exten- 
sion of  Hong  Kong  territory  is  necessary  for  the  proper  defence  and 
protection  of  the  Colony, 
It  has  now  been  agreed  between  the  Governments  of  Great  Britain 
and  China  that  the  limits  of  British  territory  shall  be 
ly  ease  .  ^^jg^ygg^  under  lease  to  the  extent  indicated  generally 
on  the  annexed  map.     The  exact  boundaries  shall  be  hereafter  fixed 
when  proper  surveys  have  been  made  by  officials  appointed  by  the 
two  Governments.    The  term  of  this  lease  shall  be  ninety-nine  years. 
It  is  at  the  same  time  agreed  that  within  the  city  of  Kowloon  the 
Chinese  officials  now  stationed  there  shall  continue 
leawdtortto*  ^   ^  exercise  jurisdiction  except  so  far  as  may  be  incon- 
sistent with  the  military  requirements  for  the  defence 
of  Hong  Kong.     Within  the  remainder  of  the  newly-leased  territory 
Great  Britain  shall  have  sole  jurisdiction.     Chinese  officials  and  peo- 
ple shall  be  allowed  as  heretofore  to  use  the  road  from  Kowloon  to 
Hsinan. 
It  is  further  agreed  that  the  existing  landing-place  near  Kowloon 
city  shall  be  reserved  for  the  convenience  of  Chinese 
neie^htos^'  ^^'   J^^^^-^^-war,  merchant  and  passenger  vessels,  which 
may  come  and  go  and  lie  there  at  their  pleasure;  and 
for  the  convenience  of  movement  of  the  officials  and  people  within 
the  city. 
When  hereafter  China  constructs  a  railway  to  the  boundary  of  the 
Kowloon  territory  under   British  control,   arrange- 
^*^*  ments  shall  be  discussed. 

It  is  further  understood  that  there  will  be  no  expropriation  or  expul- 
sion of  the  inhabitants  of  the  district  included  within 
^Expropriation    ^j^^  extension,  and  that  if  land  is  required  for  public 
offices,  fortifications,  or  the  like  official  purposes,  it 
shall  be  bought  at  a  fair  price. 

a  British  Treaty  Series.     No,  16,  1898. 
58 


/ptra^A^f/s 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.         59 

If  cases  of  extradition  of  criminals  occur,  they  shall  be  dealt  with  in 
accordance  with  the  existing  Treaties  between  Great 
^^        Britain  and  China  and  the  Hong  Kong  Regulations. 

The  area  leased  to  Great  Britain  as  shown  on  the  annexed  map, 
includes  the  waters  of  Mirs  Bay  and  Deep  Bay,  but 

wiiaete  war  |^  jg  agreed  that  Chinese  vessels  of  war,  whether 
neutral  or  otherwise,  shall  retain  the  right  to  use 
those  waters. 

This  Convention  shall  come  into  force  on  the  first  day  of  July, 
eighteen  hundred  and  ninety-eight,  being  the  thirteenth  day  of  the 
fifth  moon  of  the  twenty-fourth  year  of  Kuang  Hsu.  It  shall  be  rati- 
fied by  the  Sovereigns  of  the  two  countries,  and  the  ratifications  shall 
be  exchanged  in  London  as  soon  as  possible. 

In  witness  whereof  the  Undersigned,  duly  authorized  thereto  by 
their  respective  Governments,  have  signed  the  present  Agreement. 

Done  at  Peking  in  quadruplicate  (four  copies  in  English  and  four 
in  Chinese)  the  ninth  day  of  June,  in  the  year  of  our  Lord  eighteen 
hundred  and  ninety-eight,  being  the  twenty-first  day  of  the  fourth 
moon  of  the  twenty-fourth  year  of  Kuang  Hsu. 

[l.  8.]  Claude  M.  MagDonald. 

[li.  s.]  (Seal  of  the  Chinese  Plenipotentiary.) 


No.  13. 

GREAT  BBITAFN^, 

CONVENTION    BETWEEN    GREAT     BRITAIN    AND    CHINA    FOR    THE 
LEASE  OF  WEI-HAI  WEI.a 

Signed  at  Peking,  July  1,  1898. 

In  order  to  provide  Great  Britain  with  a  suitable  naval  harbour  in 
North  China  and  for  the  better  protection  of  British  commerce  in  the 
neighbouring  seas,  the  Government  of  His  Majesty  the  Emperor  of 
China  agree  to  lease  to  the  Government  of  Her  Majesty  the  Queen  of 
Great  Britain  and  Ireland,  Wei-hai  Wei,  in  the  province  of  Shantung 
and  the  adjacent  waters,  for  so  long  a  period  as  Port  Arthur  snail 
remain  in  the  occupation  of  Russia. 
The  territory  leased  shall  comprise  the  Island  of  Liu-kung  and  all 
other  islands  in  the  Bay  of  Wei-hai  Wei,  and  a  belt  of 
ry  ease  .  j^^^^  ^^  English  miles  wide  along  the  entire  coast  line 
of  the  Bay  of  Wei-hai  Wei.     Within  the  above-mentioned  territory 
leased  Great  Britain  shall  have  sole  jurisdiction. 
Great  Britain  shall  have,  in  addition,  the  right  to  erect  fortifications, 
station  troops,  or  take  any  other  measures  necessary 
igr     0  0    ly.    j^^  defensive  purposes,  at  any  points  on  or  near  the 
coast  of  the  region  east  of  the  meridian  121°  -10'  east  of  Greenwich, 
and  to  acquire  on  equitable  compensation  within  that  territory  such 
sites  as  may  be  necessary   for  water  supply,   communications,   and 
hospitals.     Within  that  zone  Chinese  administration  will  not  be  inter- 
fered with,  but  no  troops  other  than   Chinese   or   British   shall  be 
allowed  therein. 

It  is  also  agreed  that  within  the  walled  city  of  Wei-hai  Wei,  Chinese 

officials  shall  continue  to  exercise  jurisdiction  except 

righto.   "  ^°^*     ^^  ^^^  ^^  '^^y  ^^  inconsistent  with  naval  and  military 

requirements  for  the  defence  of  the  territory  leased. 

It  is  further  agreed  that  Chinese  vessels  of  war, 

Bighte  of  Chi-    vvhether  neutral  or  otherwise,  shall  retain  the  riffht  to 
nese  war  ships. 

use  the  waters  herein  leased  to  Great  Britain. 


o  British  Parliamentary  Blue  Book,  China  No.  1  {1899) ^  p.  199.     For  limits  of  ter- 
ritory leased,  see  map  facing  p.  45,  supra. 

60 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.         61 

It  is  further  understood   that  there  will  be  no  expropriation  or 

expulsion  of  the  inhabitants  of  the  territory  herein 

^^^P"*^*®"    specified,  and  that  if  land  is  required  for  fortifications, 

public  oflScers,  or  any  oflScial  or  public  purpose,  it 

shall  be  bought  at  a  fair  price. 

This  Convention  shall  come  into  force  on  signature.  It  shall  be  rat- 
ified b}^  the  Sovereigns  of  the  two  countries,  and  the  ratifications  shall 
be  exchanged  in  London  as  soon  as  possible. 

In  witness  whereof  the  undersigned,  duly  authorized  thereto  by 
their  respective  Governments,  have  signed  the  present  agreement. 

Claude  M.  MacDonald. 
Prince  Ch'ing, 
Senior  Member  of  the  Taung-U  Yamen^ 

LlAO  SHOU-HfeNG, 

President  of  Board  of  Panishnents. 

Done  at  Peking  in  quadruplicate  (four  copies  in  English  and  four 
in  Chinese)  the  1st  day  of  eluly  in  the  year  of  our  Lord  1898,  being 
the  13th  day  of  the  6th  moon  of  the  24th  year  of  Kuang-hsii. 


No.  14. 

GREAT  BRITAIN— GERMANY. 

AGREEMENT  BETWEEN  GREAT  BRITAIN  AND  GERJiiANY  DEFINING 
THEIR  MUTUAL  POLICY  IN  CHINA,  a 

Signed  at  London,  16th  October,  1900. 

Her  Britannic  Majesty's  Government  and  the  Imperial  German 
Government  being  desirous  to  maintain  their  interests  in  China  and 
their  rights  under  existing  Treaties,  have  agreed  to  observe  the  follow- 
ing principles  in  regard  to  their  mutual  policy  in  China: 

1.  It  is  a  matter  of  joint  and  permanent  international  interest  that 
the  ports  on  the  rivers  and  littoral  of  China  should  remain  free  and 
open  to  trade  and  to  every  other  legitimate  form  of  economic  activity 
for  the  nationals  of  all  countries  without  distinction;  and  the  two 
Governments  agree  on  their  part  to  uphold  the  same  for  all  Chinese 
territory  as  far  as  they  can  exercise  influence. 

2.  Her  Britannic  Majesty's  Government  and  the  Imperial  German 
Government  will  not,  on  their  part,  make  use  of  the  present  compli- 
cation to  obtain  for  themselves  any  territorial  advantages  in  Chinese 
dominions,  and  will  direct  their  policy  towards  maintaining  undimin- 
ished the  territorial  condition  of  the  Chinese  Empire. 

3.  In  case  of  another  Power  making  use  of  the  complications  in 
China  in  order  to  obtain  under  any  form  whatever  such  territorial 
advantages,  the  two  Contracting  Parties  reserve  to  themselves  to  come 
to  a  preliminary  understanding  as  to  the  eventual  steps  to  be  taken  for 
the  protection  of  their  own  interests  in  China. 

4.  The  two  Governments  will  communicate  this  Agreement  to  the 
other  Powers  interested,  and  especially  to  Austria-Hungary,  France, 
Italy,  Japan,  Russia,  and  the  United  States  of  America,  and  will  invite 
them  to  accept  the  principles  recorJLed  in  it. 

Salisbury. 
Hatzfeldt. 

o British  Parliamentary  Blue  Book,  China,  No.  6  (1900). 
62 


Ko.  15. 

NEGOTIATIONS  BETWEEN  THE  POWERS  AND  CHINA  FOR  SETTLEMENT 
OF  THE  DISTURBANCES  OF  1900. 

(1)  JOINT  NOTE  SIGNED  BY  ;rHE  DIPLOMATIC  REPRESENTATIVES  AT 
PEKING  OF  GERMANY,  AUSTRIA-HUNGARY,  BELGIUM,  SPAIN,  THE 
UNITED  STATES,  FRANCE,  GREAT  BRITAIN,  ITALY,  JAPAN,  THE 
NETHERLANDS,  AND  RUSSIA,  EMBODYING  CONDITIONS  FOR  REES- 
TABLISHMENT  OF  NORMAL  RELATIONS  WITH  CHINA. 

Signed  at  Peking  Decbmbbb  22, 1900.    Handed  to  the  Chinese  Plenipotentiarihb, 
Yi  K'uANQ  (Pbince  Ch'ing)  and  Li  Hung-chang,  on  December  24,  1900. 

[Translation  from  French.] 

During  the  months  of  May,  June,  July,  and  August  of  the  present 
year  serious  disturbances  broke  out  in  the  northern  provinces  of 
China  and  crimes  unprecedented  in  human  history — crimes  against  the 
law  of  nations,  against  the  laws  of  humanity,  and  against  civilization — 
were  committed  under  peculiarly  odious  circumstances.  The  princi- 
pal of  these  crimes  were  the  following: 

1.  On  the  20th  of  June  His  Excellency  Baron  von  Ketteler,  German 
Minister,  proceeding  to  the  Tsungli  Yamen,  was  murdered  while  in 
the  exercise  of  his  official  duties  by  soldiers  of  the  regular  army,  act- 
ing under  orders  of  their  chiefs. 

2.  The  same  day  the  foreign  legations  were  attacked  and  besieged. 
These  attacks  continued  without  intermission  until  the  14th  of  August, 
on  which  date  the  arrival  of  foreign  troops  put  an  end  to  them.  These 
attacks  were  made  by  regular  troops,  who  joined  the  Boxers,  and  who 
obeyed  orders  of  the  Court,  emanating  from  the  Imperial  Palace.  At 
the  same  time  the  Chinese  Government  officially  declared  by  its  repre- 
sentatives abroad  that  it  guaranteed  the  security  of  the  legations. 

3.  The  11th  of  June  Mr.  Sugiyama,  Chancellor  of  the  Legation  of 
Japan,  in  the  discharge  of  an  official  mission,  was  killed  by  regulars  at 
the  gates  of  the  city.  At  Peking  and  in  several  provinces  foreigners 
were  murdered,  tortured,  or  attacked  by  Boxers  and  regular  troops, 
and  only  owed  their  safety  to  their  determined  resistance.  Their 
establishments  were  pillaged  and  destroyed. 

4.  Foreign  cemeteries,  at  Peking,  especially,  were  desecrated,  the 
graves  opened,  the  remains  scattered  abroad.     These  events  led  the 

63 


64        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

foreign  Powers  to  send  their  troops  to  China  in  order  to  protect  the 
lives  of  their  Representatives  and  their  nationals,  and  to  restore  order. 
During  their  march  to  Peking  the  Allied  Forces  met  with  the  resist- 
ance of  the  Chinese  armies  and  had  to  overcome  it  by  force.  China 
having  recognized  her  responsibility,  expressed  her  regrets,  and  mani- 
fested the  desire  to  see  an  end  put  to  the  situation  created  by  the  dis- 
turbances referred  to,  the  Powers  have  decided  to  accede  to  her  request 
on  the  irrevocable  conditions  enumerated  below,  which  they  deem 
indispensable  to  expiate  the  crimes  committed  and  to  prevent  their 
recurrence: 

1.  (a)  Dispatch  to  Berlin  of  an  extraordinary  mission,  headed  by  an 
Imperial  Prince,  to  express  the  regrets  of  His  Majesty  the  Emperor  of 
China,  and  of  the  Chinese  Government,  for  the  murder  of  His  Excel- 
lency the  late  Baron  von  Ketteler,  German  Minister. 

(5)  Erection  on  the  place  where  the  murder  was  committed  of  a  com- 
memorative monument  suitable  to  the  rank  of  the  deceased,  bearing 
an  inscription  in  the  Latin,  German,  and  Chinese  languages,  expressing 
the  regrets  of  the  Emperor  of  China  for  the  murder. 

2.  (a)  The  severest  punishment  in  proportion  to  their  crimes  for  the 
persons  designated  in  the  Imperial  decree  of  September  25,  1900,  and 
for  those  whom  the  Representatives  of  the  Powers  shall  subsequently 
designate. 

(5)  Suspension  of  all  official  examinations  for  five  years  in  all  the 
towns  where  foreigners  have  been  massacred,  or  have  been  subjected 
to  cruel  treatment. 

3.  Honorable  reparation  shall  be  made  by  the  Chinese  Government 
to  the  Japanese  Government  for  the  murder  of  Mr.  Sugiyama,  Chan- 
cellor of  the  Japanese  Legation. 

4.  An  expiatory  monument  shall  be  erected  by  the  Imperial  Chinese 
Government  in  each  of  the  foreign  or  international  cemeteries  which 
have  been  desecrated  and  in  which  the  graves  have  been  destroyed. 

5.  Maintenance,  under  conditions  to  be  settled  between  the  Powers, 
of  the  prohibition  of  the  importation  of  arms  as  well  as  of  material 
used  exclusively  for  the  manufacturing  of  arms  and  ammunition. 

6.  Equitable  indemnities  for  governments,  societies,  companies,  and 
private  individuals,  as  well  as  for  Chinese  who  have  suffered  during 
the  late  events  in  person  or  in  property  in  consequence  of  their  being 
in  the  service  of  foreigners.  China  shall  adopt  financial  measures 
acceptable  to  the  Powers  for  the  purpose  of  guaranteeing  the  payment 
of  said  indemnities  and  the  interest  and  amortization  of  the  loans. 

7.  Right  for  each  Power  to  maintain  a  permanent  guard  for  its 
legation  and  to  put  the  legation  quarter  in  a  defensible  condition. 
Chinese  shall  not  have  the  right  to  reside  in  this  quarter. 

8.  The  Taku  and  other  forts,  which  might  impede  free  communication 
between  Peking  and  the  sea,  shall  be  razed. 


TREATIES  AKD  CONTENTIONS  WITH  CHINA  AND  KOREA.         65 

9.  Right  of  military  occupation  of  certain  points,  to  be  determined 
by  an  understanding  between  the  Powers,  for  keeping  open  communi- 
cation between  the  capital  and  the  sea. 

10.  (a)  The  Chinese  Government  shall  cause  to  be  published  during 
two  years  in  all  subprefectures  an  Imperial  decree  embodying: 

Perpetual  prohibition,  under  pain  of  death,  of  membership  in  any 
antifo reign  society; 

Enumeration  of  the  punishments  which  shall  have  been  inflicted  on  • 
the  guilty,  together  with  the  suspension  of  all  official  examinations  in 
the  towns  where  foreigners  have  been  murdered  or  have  been  subjected 
to  cruel  treatment. 

{h)  An  Imperial  decree  shall  be  issued  and  published  everywhere  in 
the  Empire  declaring  that  all  Governors-General,  Governors,  and 
Provincial  or  local  officials  shall  be  responsible  for  order  in  their 
respective  jurisdictions,  and  that  whenever  fresh  antiforeign  disturb- 
ances or  any  other  treaty  infractions  occur,  which  are  not  forthwith 
suppressed  and  the  guilty  persons  punished,  they,  the  said  officials, 
shall  be  immediately  removed  and  forever  prohibited  from  holding 
any  office  or  honors. 

11.  The  Chinese  Government  will  undertake  to  negotiate  the  amend- 
ments to  the  treaties  of  conunerce  and  navigation  considered  useful  by 
the  Powers,  and  upon  other  subjects  connected  with  commercial  rela- 
tions, with  the  object  of  facilitating  them. 

12.  The  Chinese  Government  shall  undertake  to  reform  the  Office 
of  Foreign  Affairs  and  to  modify  the  court  ceremonial  relative  to  the 
reception  of  foreign  Representatives  in  the  manner  which  the  Powers 
shall  indicate. 

Until  the  Chinese  Government  have  complied  with  the  above  to  the 
satisfaction  of  the  Powers,  the  Undersigned  can  hold  out  no  expecta- 
tion that  the  occupation,  of  Peking  and  the  province  of  Chihli  by  the 
general  forces  can  be  brought  to  a  conclusion. 
Peking,  December  22,  1900. 

For  Germany,  A.  Mumm. 

For  Austria-Hungary,  M.  Czikann. 

For  Belgium,  Joostens. 

For  Spain,  B.  J.  de  Cologan. 

For  United  States  of  America,     E.  H.  Conger. 

For  France,  S.  Pichon. 

For  Great  Britain,  Ernest  Satow. 

For  Italy,  Salvago  Raggi. 

For  Japan,  T.  Nissi. 

For  Netherlands,  F.  M.  Knobel. 

For  Russia,  Michel  de  Gibrs. 

27938—04 6 


66        TREATIES  AND  COmTENTIONS  WITH  CHINA  AND  KOREA. 

(2)  REPLY    OF   THE    CHINESE    PLENIPOTENTIARIES    TO    THE    JOINT 
NOTE  OF  DECEMBER  22,  1900. 

Peking,  January  16,  1901. 
[Translation.] 

Under  date  of  December  24, 1900,  the  Plenipotentiaries  of  Germany, 
Austria-Hungary,  Belgium,  Spain,  the  United  States,  France,  Great 
,    Britain,  Italy,  Japan,  the  Netherlands,  and  Russia,  have  sent  Us  the 
following  Note: 

(The  Joint  Note  is  here  quoted  textually  and  in  its  entirety): 

We  hastened  to  transmit  the  full  text  of  this  note  to  His  Majesty 
the  Emperor  who,  having  taken  cognizance  of  it,  rendered  the  follow- 
ing decree: 

"  We  have  taken  cognizance  of  the  whole  of  the  telegram  of  Yi 
K'uang  and  Li  Hung-chang.  It  behooves  Us  to  accept,  in  their 
entirety,  the  twelve  articles  which  they  have  submitted  to  Us." 

Consequently,  we,  Ch'ing,  Prince  of  the  first  rank,  Plenipotentiary, 
President  of  the  Council  of  Foreign  Affairs,  and  Li,  Earl  of  the  first 
rank,  Su-yi,  Plenipotentiary,  Tutor  to  the  Heir  Apparent,  Grand  Sec- 
retary of  the  Wen-hua  tien  Throne  Hall,  Minister  of  Commerce, 
Superintendent  of  trade  for  the  northern  ports.  Governor  General  of 
Chih-li, 

Declare  that  we  accept  in  their  entirety  the  twelve  articles  which 
we  have  been  requested  to  insure  the  transmission  of  to  His  Majesty 
the  Emperor. 

In  witness  of  which  we  have  signed  the  present  protocol  and  we 
transmit  to  the  foreign  Plenipotentiaries  a  copy  of  the  Edict  of  His 
Majesty  the  Emperor,  bearing  the  Imperial  Seal. 

It  is  understood  that  in  case  of  disagreement,  the  French  text  shall 
be  authoritative. 

Peking,  16  January^  1901. 

(Signed)  Yi  K'uang 

(Prince  Ch'ing). 

[l.  8.]  Ll 

(3)  FINAL  PROTOCOL  SIGNED  ON  COMPLETION  OF  NEGOTIATIONS. 

Signed  at  Pbking  Sbptembek  7,  1901. 
[Translation  from  French.] 

The  Plenipotentiaries  of  Germany,  His  Excellency  M.  A.  Munmi 
von  Schwarzenstein;  of  Austria-Hungary,  His  Excellency  M.  M. 
Czikann  von  Wahlborn;  of  Belgium,  His  Excellency  M.  Joostens; 
of  Spain,  His  Excellency  M.  B.  J.  de  Cologan;  of  the  United  States, 
His  Excellency  M.  W.  W.  Rockhill;  of  France,  His  Excellency  M. 
Paul  Beau;  of  Great  Britain,  His  Excellency  Sir  Ernest  Satow;  of 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         67 

Italy,  His  Excellency  Marquis  Salvago  Raggi;  of  Japan,  His  Excel- 
lency M.  Jutaro  Komura;  of  the  Netherlands,  His  Excellency  M.  F.  M. 
Knobel;  of  Russia,  His  Excellency  M.  M.  de  Giers;  and  of  China,  His 
Highness  Yi-K'uang  Prince  K'ing  of  the  first  rank,  President  of  the 
Ministry  of  Foreign  Affairs,  and  his  Excellency,  Li  Hung-chang,  Earl 
of  Su-yi  of  the  first  rank,  Tutor  of  the  Heir  Apparent,  Grand  Secretary 
of  the  Wen-hua  Throne  Hall,  Minister  of  Commerce,  Superintendent 
of  Northern  Trade,  Governor-General  of  Chihli,  have  met  for  the 
purpose  of  declaring  that  China  has  complied  to  the  satisfaction  of 
the  Powers  with  the  conditions  laid  down  in  the  Note  of  the  22nd  of 
December,  1900,  and  which  were  accepted  in  their  entirety  by  His 
Majesty  the  Emperor  of  China  in  a  Deci'ee  dated  the  27th  of  Decem- 
ber 1900.     (Annex  No.  1) 

Article  1* 

By  an  Imperial  Edict  of  the  9th  of  June,  last,  (Annex  No.  2), 
Tsai  Feng,  Prince  Chiin,  was  appointed  Ambassador 
Mo^toB^Sn"*''  of  His  Majesty  the  Emperor  of  China,  and  directed  in 
that  capacity  to  convey  to  His  Majesty  the  German 
Emperor  the  expression  of  the  regrets  of  His  Majesty  the  Emperor 
of  China  and  of  the  Chinese  Government  for  the  assassination  of  His 
Excellency  the  late  Baron  von  Ketteler,  German  Minister. 

Prince  Chiin  left  Peking  the  12th  of  July  last  to  carry  out  the 
orders  which  had  been  given  him. 

Article  I^ 

The  Chinese  Government  has  stated  that  it  will  erect  on  the  spot  of 

-,    .  ^  the  assassination  of  H.  E.  the  late  Baron  von  Ketteler 

Szpiatory  monu- 
ment to  Baron  von  a  commemorative  monument,  worthy  of  the  rank  of 

Ketteler.  ^Yxe  deceased,  and  bearing  an  inscription  in  the  Latin, 

German  and  Chinese  languages,  which  shall  express  the  regrets  of 

H.  M.  the  Emperor  of  China  for  the  murder  committed. 

Their  Excellencies  the  Chinese  Plenipotentiaries  have  informed  His 

Excellency  the  German  Plenipotentiary,  in  a  letter  dated  the  22nd  of 

July,  last,  (Annex  No.  3)  that  an  arch  of  the  whole  width  of  the  street 

would  be  erected  on  the  said  spot,  and  that  work  on  it  was  begun  the 

26th  of  June,  last. 

Article  II* 

Imperial  Edicts  of  the  13th  and  21st  of  February,  1901  (Annexes 

Punishments  in-  Nos.  4:,  5  and  6),  inflicted  the  following  punishments 

fli^d  on  principal  q^  the  principal  authors  of  the  outrages  and  crimes 

rages.  committed  against  the  Foreign  Governments  and  their 

nationals: 
Tsai-1  Prince  Tuan,  and  Tsai  Lan  Duke  Fu-kuo,  were  sentenced  to 


68        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

be  brought  before  the  Autumnal  Court  of  Assize  for  execution,  and 
it  was  agreed  that  if  the  Emperor  saw  fit  to  grant  them  their  lives, 
they  should  be  exiled  to  Turkestan  and  there  imprisoned  for  life, 
without  the  possibility  of  commutation  of  these  punishments. 

Tsai  Hsiin  Prince  Chuang,  Ying-Nien,  President  of  the  Court  of 
Censors,  and  Chao  Shu-chiao,  President  of  the  Board  of  Punishments, 
were  condemned  to  conmiit  suicide. 

Yii  Hsien,  Governor  of  Shanhsi,  Ch'i  Hsiu,  President  of  the  Board 
of  Rites,  and  Hsii  Cheng-yu,  formerly  Senior  Vice  President  of  the 
Board  of  Punishments,  were  condemned  to  death. 

Posthumous  degradation  was  inflicted  on  Kang  Yi,  Assistant  Grand 
Secretary,  President  of  the  Board  of  Works,  Hsii  Tung,  Grand  Sec- 
retary, and  Li  Ping-heng,  formerh'^  Governor  General  of  Szu-ch'uan. 

An  Imperial  Edict  of  February  13th,  1901  (Annex  No.  7)  rehabili- 
tated the  memories  of  Hsii  Yung-yi,  President  of  the 

B«habiUtationof  g^^^rd  of  War,  Li  Shan,  President  of  the  Board  of 
deoeased  officials.  ^  ,  ^ 

Works,  Hsii  Ching-cheng,  Senior  Vice  President  of 

the  Board  of  Works,  Lien  Yuan,  Vice  Chancellor  of  the  Grand  Coun- 
cil, and  Yuan  Chang,  Vice  President  of  the  Court  of  Sacrifices,  who 
had  been  put  to  death  for  having  protested  against  the  outrageous 
breaches  of  International  law  of  last  year. 

Prince  Chuang  committed  suicide  the  21st  of  February,  1901,  Ying 
Nien  and  Chao  Shu-chiao  the  24th,  Yii  Hsien  was  executed  the  22nd, 
Ch'i  Hsiu  and  Hsii  Cheng-yu  on  the  26th.  Tung  Fu-hsiang,  General 
inKan-su,  has  been  deprived  of  his  office  by  Imperial  Edict  of  the  13th 
of  February,  1901,  pending  the  determination  of  the  final  punishment 
to  be  inflicted  on  him. 

Imperial  Edicts  dated  the  29th  of  April  and  19th  of  August  1901, 
have  inflicted  various  punishments  on  the  provincial  officials  convicted 
of  the  crimes  and  outrages  of  last  Summer. 

Article  II** 

An  Imperial  Edict  promulgated  the  19th  of  August,  1901  (Annex 
Sugpension  of   ^^'  ^)^  ordered  the  suspension  of  official  examinations 
official    examina-    for  five  years  in  all  cities  where  foreigners  were  mas- 
*"^'  sacred  or  submitted  to  cruel  treatment. 

Article  III 

So  as  to  make  honorable  reparation  for  the  assassination  of  Mr. 

Sugiyama,  Chancellor  of  the  Japanese  Legation,  His 
•ion^toJ^'L"""    Majesty  the  Emperor  of  China  by  an  Imperial  Edict 

of  the  18th  of  June  1901  (Annex  No.  9),  appointed  Na 
Tung,  Vice  President  of  the  Board  of  Finances,  to  be  his  Envoy 
Extraordinary  and  specially  directed  him  to  convey  to  His  Majesty  the 


TREATIES  AND  CO]STENTIONS  WITH  CHINA  AND  KOBE  A.         69 

Emperor  of  Japan  the  expression  of  the  regrets  of  H.  M.  the  Emperor 
of  China  and  of  his  Government  at  the  assassination  of  the  late  Mr. 
Sugiyama. 

Article  IV 

The  Chinese  Government  has  agreed  to  erect  an  expiatoiy  monu- 

_    .  ^  ment  in  each  of  the  foreign  or  international  ceme- 

Expiatory  mon-  " 

nments  in  dese-  teries  which  were  desecrated  and  in  which  the  tombs 
erated  cemeteries,     ^^p^  destroyed. 

It  has  been  agreed  with  the  Representatives  of  the  Powers  that  the 
Legations  interested  shall  settle  the  details  for  the  erection  of  these 
monuments,  China  bearing  all  the  expenses  thereof,  estimated  at  ten 
thousand  taels  for  the  cemeteries  at  Peking  and  in  its  neighborhood, 
and  at  five  thousand  taels  for  the  cemeteries  in  the  provinces.  The 
amounts  have  been  paid  and  the  list  of  these  cemeteries  is  enclosed 
herewith.     (Annex  No.  10). 

Article  V. 

China  has  agreed  to  prohibit  the  importation  into  its  territory  of 
Prohibition    of   arnms  and  ammunition,  as  well  as  of  materials  exclu- 

importation  of   sively  used  for  the  manufacture  of  arms  and  ammu- 

""••  '^  nition. 

An  Imperial  Edict  has  been  issued  on  the  25th  of  August,  1901, 

(Annex  No.  11),  forbidding  said  importation  for  a  term  of  two  years. 

New  Edicts  may  be  issued  subsequently   extending  this   by  other 

successive  tenns  of  two  years  in  case  of  necessity  recognized  by  the 

Powers. 

Article  VI. 

By  an  Imperial  Edict  dated  the  29th  of  May,  1901  (Annex  No.  12), 

His  Majesty  the  Emperor  of  China  agreed  to  pay  the 

indemnitytothe  Powers  an  indemnity  of  Four  hundred  and  fifty  mil- 
Powers.  1.  i.  TT    .1  1 

lions  of  Haikwan  taels. 
This  sum  represents  the  total  amount  of  the  indemnities  for  States, 

Companies  or  Societies,  private  individuals  and  Chinese  referred  to  in 

Article  VI  of  the  Note  of  December  22nd,  1900. 

(a)  These  Four  hundred  and  fifty  millions  constitute  a  gold  debt 
Amount  of  in-    calculated  at  the  rate  of  the  Haikwan  Tael  to  the  gold 

denmity.  currency  of  each  country,  as  indicated  below. 

Haikwan  Tael = marks 3. 055 

= Austro-Hungary  crown 3. 595 

=gol(l  dollar 0.742 

=franc8 3.750 

=pound  sterling 0. 3s  Od 

=yen 1.407 

=Netherland8  florin 1.796 

=gold  rouble  (17.424  dolias  fine) 1. 412 


70        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

This  sum  in  gold  shall  bear  interest  at  4  per  cent,  per  annum,  and 
the  capital  shall  be  reimbursed  by  China  in  thirty-nine 
im^CTement*  "'    ^^^^5  ^"  ^^^  manner  indicated  in  the  annexed  plan  of 
amortization.     (Annex  No.  13).     Capital  and  interest 
shall  be  payable  in  gold  or  at  the  rates  of  exchange  corresponding  to 
the  dates  at  which  the  different  payments  fall  due. 
The  amortization  shall  commence  the  Ist  of  January,  1902,  and  shall 
finish  at  the  end  of  the  year  1940.     The  amortizations 
are  payable  annually,  the  first  payment  being  fixed  on 
the  1st  of  January,  1903. 
Interest  shall  run  from  the  1st  of  July,  1901,  but  the  Chinese  Gov- 
ernment shall  have  the  right  to  pay  off  within  a  term 
of  three  years  beginning  January  1902  the  arrears  of 
the  first  six  months  ending  the  31st  of  December  1901,  on  condition, 
however,  that  it  pays  compound  interest  at  the  rate  of  four  per  cent, 
per  annum  on  the  sums  the  payments  of  which  shall  have  thus  been 
deferred. 

Interest  shall  be  payable  semi-annually,  the  first  payment  being 
fixed  on  the  1st  of  July  1902. 

(b)  The  service  of  the  debt  shall    take  place  in 
Seryiee  of  debt.      oi.        i_   •    •     ai_     ^  n 

bhanghai,  m  the  following  manner: 

Each  power  shall  be  represented  by  a  delegate  on  a  commission  of 

„       ,   ,        ,   bankers  authorized  to  receive  the  amount  of  interest 
oommiMlon     ox 

bankers.  Its  du-  and  amortization  which  shall  be  paid  to  it  by  the  Chi- 
^®**  nese  authorities  designated  for  that  purpose,  to  divide 

it  among  the  interested  parties  and  to  give  a  receipt  for  the  same. 

(c)  The  Chinese  Government  shall  deliver  to  the  Doyen  of  the 
Diplomatic  Corps  at  Peking  a  bond  for  the  lump  sum,  which  shall 
subsequently  be  converted  into  fractional  bonds  bearing  the  signa- 
tures of  the  delegates  of  the  Chinese  Government  designated  for  that 
purpose.  This  operation  and  all  those  relating  to  issuing  of  the 
bonds  shall  be  performed  by  the  above  mentioned  commission,  in 
accordance  with  the  instructions  which  the  Powers  shall  send  their 
delegates. 

(d)  The  proceeds  of  the  revenues  assigned  to  the  payment  of  the 
bonds  shall  be  paid  monthly  to  the  Commission. 

(e)  The  revenues  assigned  as  security  for  the  bonds  are  the  following': 

•o^„^ ^  «.         1'  The  balance  of  the  revenues  of  the  Imperial 

Sevenues  as-     «-^     .  .  -,  * 

■i^ed  as  security    Maritime  Customs  after  payment  of  the  interest  and 

for  bonds.  amortization  of  preceding  loans  secured  on  these  reve- 

nues, plus  the  proceeds  of  the  raising  to  five  per  cent,  effective  of  the 
present  tariff  on  maritime  imports,  including  articles  until  now  on  the 
free  list,  but  exempting  f oreigYi  rice,  cereals,  and  flour,  gold  and  silver 
bullion  and  coin. 

2.  The  revenues  of  the  Native  Customs,  administered  in  the  open 
ports  by  the  Imperial  Maritime  Customs; 


TREATIES  AND  OOITSrENTIONB  WITH  CHINA  AND  KOBE  A.         71 

3.  The  total  revenues  of  the  salt  gabelle,  exclusive  of  the  fraction 

previously  set  aside  for  other  foreign  loans. 

The  raising  of  the  present  tariff  on  imports  to  five  per  cent,  effective 

is  agreed  to  on  the  conditions  mentioned  below.     It 

inoreage  of  tar-  g^all  be  put  in  force  two  months  after  the  sigrnin&r  of 
iff  on  importi.  ^  , 

the  present  protocol,  and  no  exceptions  shall  be  made 

except  for  merchandise  shipped  not  more  than  ten  days  after  the  said 

signing. 

1.  All  duties  levied  on  imports  ad  valorem  shall  be  converted  as  far 
as  possible  and  as  soon  as  may  be  into  specific  duties. 

Igpeci^  duties  T:\A^  conversion  shall  be  made  in  the  following  man- 
ner: The  average  value  of  merchandise  at  the  time  of 
their  landing  during  the  three  years  1897,  1898  and  1899,  that  is  to 
say,  the  market  price  less  the  amount  of  import  duties  and  incidental 
expenses  shall  be  taken  as  the  basis  for  the  valuation  of  merchandise. 

Pending  the  result  of  the  work  of  conversion,  duties  shall  be  levied 
ad  valorein. 

im  V  m  t  f  ^*  ^^®  h^A»  of  the  Rivers  Peiho  and  Whangpoo 
Feiho  and  Whang-  shall  be  improved  with  the  financial  participation  of 
poo  channels.  China. 

Article  VJI 

The  Chinese  Government  has  agreed  that  the  quarter  occupied  by 

the  Legations  shall   be   considered  as  one  specially 

Quarter  for  le-  reserved  for  their  use  and  placed  under  their  exclusive 
gaUons  in  Peking.  ... 

control,  in  which  Chinese  shall  not  have  the  right  to 

reside  and  which  may  be  made  defensible. 

The  limits  of  this  quarter  have  been  fixed  as  follows  on  the  annexed 
plan:  (Annex  No.  14) 

On  the  West,  the  line  1,  2,  3,  4,  5 

On  the  North,  the  line  5,  6,  7,  8,  9,  10 

On  the  East,  Ketteler  Street  (10,  11,  12) 

On  the  South  the  line  12.1,  drawn  along  the  exterior  base  of  the 
Tartar  Wall  and  following  the  line  of  the  bastions. 

In  the  Protocol  annexed  to  the  letter  of  the  16th  of  January,  1901, 
China  recognized  the  right  of  each  Power  to  maintain  a  permanent 
guard  in  the  said  quarter  for  the  defense  of  its  Legation. 

Articjle  Vin 

The  Chinese  Government  has  consented  to  raze  the  forts  of  Taku 
and   those  which  might  impede  free  conununication 
Baling  of  forti.    jj^^^q^^  Peking  and  the  sea;  steps  have  been  taken 
for  carrying  this  out. 


72        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

Article  IX 

The  Chinese  Government  has  conceded  the  right  to  the  Powers  in 

«  .  ^  ^   .  the  Protocol  annexed  to  the  letter  of  the  16th  of  Jan- 

Pomts  to  be  00-  i  .       i 

cupied   mUitarUy    uary  1901  to  Occupy  certain  points,  to  be  determined 
by  powers.  y^y  j^^  agreement  between  them  for  the  maintenance  of 

open  commimication  between  the  capital  and  the  sea.     The  points 
occupied  by  the  Powers  are: 

Huang-tsun,  Lang-fang,  Yang-tsun,  Tien-tsin,  Chun-liang  Cheng, 
Tong-ku,  Lu-tai,  Tong-shan,  Lan-chou,  Chang-li,  Ch'in-wang  Tao, 
Shan-hai  Kuan. 

Article  X 

*  The  Chinese  Government  has  agreed  to  post  and  to  have  published 
during  two  years  in  all  district  cities  the  following 

edSto"'*^'*''    °^   Imperial  Edicts: 

(a)  Edict  of  the  1st  of  February,  1901  (Annex  No. 
15),  prohibiting  for  ever,  under  pain  of  death,  membership  in  any  anti- 
foreign  society. 

(b)  Edicts  of  the  13th  and  21st  February,  29th  April  and  19th 
August,  enumerating  the  punishments  inflicted  on  the  guilty; 

(c)  Edict  of  the  19th  August,  1901,  prohibiting  examinations  in 
all  cities  where  foreigners  were  massacred  or  subjected  to  cruel 
treatment. 

(d)  Edict  of  the  Ist  of  February,  1901  (Annex  No.  16)  declaring  all 
Governors-General,  Governors  and  Provincial  or  local  officials  respon- 
sible for  order  in  their  respective  districts,  and  that  in  case  of  new 
anti-foreign  troubles  or  other  infractions  of  the  treaties  which  shall 
not  be  immediately  repressed  and  the  authors  of  which  shall  not  have 
been  punished,  these  officials  shall  be  immediately  dismissed  without 
possibility  of  being  given  new  functions  or  new  honors. 

The  posting  of  these  Edicts  is  being  carried  on  throughout  the 
Empire. 

Article  XI 

The  Chinese  Government  has  agreed  to  negotiate  the  amendments 

^     deemed  necessary  by  the  Foreign  Governments  to  the 

treaUes  of   com-    Treaties  of  Commerce  and  Navigation  and  the  other 

"®'^-  subjects  concerning  commercial    relations   with  the 

object  of  facilitating  them. 

At  present,  and  as  a  result  of  the  stipulation  contained  in  Article 

^  ,    VI  concerning  the  indemnity,  the  Chinese  Govern- 
Improvement  of  ^  ®        ......  ^     <• .  i 

connes  of  Peibo    ment  agrees  to  assist  in  the  improvement  of  the  courses 

and  Whangpoo.       ^f  ^j^^  rivers  Peiho  and  Whangpoo,  as  stated  below. 

(a)  The  works  for  the  improvement  of  the  navigability  of  the  Peiho, 

begun  in  1898  with  the  co-operation  of  the  Chinese  Government,  have 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         73 

been  resumed  under  the  direction  of  an  International  Commission.  As 
soon  as  the  administration  of  Tientsin  shall  have  been  handed  back  to 
the  Chinese  Government  it  will  be  in  a  position  to  be  represented  on 
this  Commission,  and  will  pay  each  year  a  sum  of  Sixty  thousand 
Haikwan  Taels  for  maintaining  the  works. 

(b)  A  Conservancy  Board,  charged  with  the  management  and  con- 
trol of  the  works  for  straightening  the  Whangpoo 
se^^Sr^oard*^"  *°^  *^®  improvement  of  the  course  of  that  river  is 
hereby  created. 

This  Board  shall  consist  of  members  representing  the  interests  of 
the  Chinese  Government  and  those  of  foreigners  in  the  shipping  trade 
of  Shanghai. 

The  expenses  incurred  for  the  works  and  the  general  management 
of  the  undertaking  are  estimated  at  the  annual  sum  of  Four  hundred 
and  sixty  thousand  Haikwan  Taels  for  the  first  twenty  years.  This 
sum  shall  be  supplied  in  equal  portions  by  the  Chinese  Government 
and  the  foreign  interests  concerned.  Detailed  stipulations  concerning 
the  composition,  duties  and  revenues  of  the  Conservancy  Board  are 
embodied  in  Annex  No.  17. 

Article  XII 

An  Imperial  Edict  of  the  24:th  of  July  1901  (Annex  No.  18),  reformed 
the  Office  of  Foreign  Affairs,  Tsung-li  Yamen,  on  the 

of^oreiraoffiM^^    lines  indicated  by  the  Powers,  that  is  to  say,  trans- 
formed it  into  a  Ministry  of  Foreign  Affairs  (Wai-wu 

Pu),  which  takes  precedence  over  the  six  other  Ministries  of  State;  the 

same  EJdict  appointed  the  principal  members  of  this  Ministry. 
An  agreement  has  also  been  reached  concerning  the  modification  of 
Court  ceremonial  as  regards  the  reception  of  Foreign 

niai  at  audienoei.'    Representatives  and  has  been  the  subject  of  several 
notes  from  the  Chinese  Plenipotentiaries,  the  substance 

of  which  is  embodied  in  a  memorandum  herewith  annexed  (Annex 

No.  19). 
Finally,  it  is  expressly  understood  that  as  regards  the  declarations 
specified  above  and  the  annexed  documents  originating 

thoritotive.         "    ^^^^  *^®  Foreign  Plenipotentiaries,  the  French  text 
only  is  authoritative. 
The  Chinese  Government  having  thus  complied  to  the  satisfaction 
of  the  Powers  with  the  conditions  laid  down  in  the 

^  Bates  of  evacna-    ^^^^  mentioned  Note  of  December  22nd,  1900,  the 
Powers  have  agreed  to  accede  to  the  wish  of  China  to 

terminate  the  situation  created  by  the  disorders  of  the  summer  of  1900. 

In  consequence  thereof  the  Foreign  Plenipotentiaries  are  authorized 

to  declare  in  the  names  of  their  Governments  that,  with  the  exception 

of  the  Legation  guards  mentioned  in  Article  VII,  the  International 


74        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

troops  will  completely  evacuate  the  City  of  Peking  on  the  17th  Sep- 
tember, 1901,  and,  with  the  exception  of  the  localities  mentioned  in 
Article  IX,  will  withdraw  from  the  Province  of  Chihli  on  the  22d  of 
September  1901. 

The  present  final  protocol  has  been  drawn  up  in  twelve  identic  copies 
and  signed  by  all  the  Plenipotentiaries  of  the  contracting  countries 
One  copy  shall  be  given  to  each  of  the  Foreign  Plenipotentaries,  and 
one  copy  shall  be  given  to  the  Chinese  Plenipotentiaries. 

Peking,  7th  September  1901. 

A.  V.  MUMM 
M.  CZIKANN 


JOOSTENS 

Signatures 

B.  J.  DE   COLOGAN 

and 

W.  W.  ROCKHILL 

seals 

Beau 

of 

Ernest  Satow 

Chinese 

Salvado  Baggi 

Plenipotentiaries. 

JUTARO  KOMURA 

M.  DE   GlERS 

• 

Annex  No.  1. 

IMPERIAL  EDICT  OF  THE  27TH  DECEMBER,  1900. 

[Translation.] 

[Seal  of  the  Emperor.] 

The  6th  day  of  the  11th  moon  of  the  26th  j^ear  of  Kuang-hsu  (27 
December,  1900),  the  following  Edict  was  rendered: 

''We  have  taken  cognizance  of  the  whole  telegram  of  Yi-K'uang 
and  Li  Hung-chang.  It  is  proper  that  We  accept  in  their  entirety  the 
twelve  articles  which  they  have  submitted  to  us." 

'' Respect  this!" 


Annex  No.  2. 

IMPERIAL  EDICT  OF  THE  9TH  OF  JUNE,  1901. 

[Translation.] 

''  We  confer  on  Tsai  Feng,  Prince  Ch'iin  of  the  first  rank,  the  title 
of  Ambassador  extraordinary'-,  and  We  direct  him  to  proceed  to  Ger- 
many to  respectfully  discharge  the  mission  which  We  confide  to  him. 

"Chang  Yi,  reader  of  the  Grand  Chancellery,  and  Yin  Ch'ang,  mili- 
tary Lieutenant-Governor,  shall  accompany  him  as  secretaries. 

"Respect  this!" 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         75 

Annex  No.  3. 

DESPATCH  OF  PRINCE  CH'ING  AND  OF  LI  HUNG-CHANG  OF  THE  22 
JULY,  1901,  TO  HIS  EXCELLENCY  M.  DE  MUMM,  GERMAN  PLENIPO- 
TENTIARY. 

[Traxulatioii.] 

[OfBclal  reply.] 

On  the  3d  day  of  the  6th  moon  of  the  present  year  (18th  of  June 
1901),  We  have  received  from  Your  Excellency  the  following  official 
communication: 

''Messrs.  Jui-liang,  secretary,  and  Lien-fang,  expectant  taotai, 
delegates  entrusted  with  carrying  out  Article  I  of  the  Joint  Note  pro- 
viding for  the  erection  of  a  commemorative  monument  on  the  place  of 
the  assassination  of  Baron  von  Ketteler,  former  Minister  of  Germany, 
commenced  some  time  ago  the  discussion  of  the  subject  with  my  Lega- 
tion, and  have  taken  up  the  question  of  the  plan  of  this  monument. 

"  During  frequent  conversations  they  have  stated  that  if  it  were 
necessary  that  a  commemorative  arch  in  marble,  from  Ta-li  and 
extending  the  whole  width  of  the  avenue  of  Ch'ung-wen-men,  should 
be  erected  on  the  spot  of  the  assassination,  the  work  would  require  a 
great  deal  of  time,  in  view  of  the  difficulty  in  transporting  the  mate- 
rials; but  as  to  adopting  some  other  means,  either  of  transferring  to 
the  place  of  the  assassination  an  archway  erected  at  the  present  time 
in  some  other  spot,  or  of  putting  up  a  new  arch,  or  of  using  an  old 
archway  to  be  transported  to  the  place,  they  left  this  to  the  determi- 
nation of  my  Government. 

''  I  at  once  telegitiphed  my  Government  to  inform  me  of  its  views. 

"  The  reply  which  I  have  just  received  informs  me  that  His  Majesty 
the  Emperor  of  Germany  has  himself  decided  that  a  new  archway 
extending  across  the  whole  width  of  the  street  should  be  put  up. 

"  I  have  consequently  to  urgently  request  you  to  take  immediate 
steps,  so  that  the  work  may  begin  at  once." 

We,  Prince  and  Minister,  have  at  once  directed  the  said  secretary  and 
taotai  to  act  in  conformity.  According  to  the  report  which  they  have 
sent  us,  "  the  work  was  begun  on  the  10th  day  of  the  5th  moon  (25th 
of  June)  by  the  foundations.  But  a  certain  length  of  time  is  necessaiy 
for  getting  out  the  stone,  cutting  it  and  for  the  transportation  of  mate- 
rials; and  the  only  thing  that  can  be  done  is  to  watch  that  the  workmen 
use  their  best  endeavors  to  carry  on  promptly  the  work." 

Besides  having  directed  that  We  should  be  kept  informed  of  the  exe- 
cution of  the  work.  We  deem  it  necessary  to  send  the  present  official 
reply  to  Your  Excellency,  requesting  you  to  take  note  of  it. 


76   TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

Annex  No.  4. 

IMPERIAL  EDICT  OF  THE  13TH  OF  FEBRUARY,  1901. 

[Translation.] 

Since  the  6th  moon  (end  of  May)  the  Boxers  have  created  trouble  in 
the  capital  and  have  begun  hostilities  against  friendly  countries. 
Yi-K'uang  and  Li  Hung-chang  are  negotiating  for  peace  at  Peking 
with  Representatives  of  the  Powers,  and  a  whole  preliminary  arrange- 
ment has  already  been  signed. 

(If)  We  consider  the  commencement  of  these  events,  we  find  that 
they  are  attributable  to  several  stupid  Princes  and  Ministers,  insane, 
absolutely  ignorant,  turbulent,  and  who  have  ignored  the  laws.  They 
had  most  absolute  confidence  in  pernicious  methods  and  have  led  on  the 
Court.  Not  only  did  they  refuse  to  obey  Our  orders  to  exterminate 
the  Boxers,  but  the\^  have  been  so  far  as  to  believe  in  them,  and,  stu- 
pidly, they  began  to  attack  (the  Legations).  So  it  was  that  this  evil  fire 
spread  abroad,  and  circumstances  did  not  permit  of  its  being  stopped, 
several  tens  of  thousands  of  evil-doere  having  assembled  at  the  elbow 
and  the  armpit  (that  is  to  say,  at  the  most  important  points).  Further- 
more, the  leaders  forced  generals  and  ignorant  soldiers  to  attack  the 
Legations,  and  so  it  befell  that  inconceivable  evils  persisted  for  sev- 
eral months. 

The  tutelary  deities  of  the  Empire  have  been  in  danger,  the  Impe- 
rial tombs  and  the  temples  of  Ancestors  have  trembled,  the  country 
has  been  devastated;  the  inhabitants  are  plunged  in  misery.  No  words 
can  express  the  dangers  which  We  and  H.  M.  the  Empress  Dowager 
have  been  exposed  to.  Our  heart  and  Our  head  are  still  painful;  Our 
tears  and  Our  resentment  are  confounded.  It  is  to  you,  Princes  and 
Ministers,  who,  by  believing  in  evil  words  and  allowing  evil-doers  free 
hand,  have  put  in  danger  in  Heaven  our  Ancestors  and  Our  gods,  and 
who  here  below  have  caused  the  people  to  endure  these  calamities.  Do 
you  ask  what  punishments  you  deserve? 

We  have  alread}^  issued  two  decrees.  But,  considering  that  such 
light  punishment  for  such  grievous  faults  could  not  be  sufficient  to 
make  you  expiate  your  crimes.  We  must  impose  upon  you  new  and 
more  severe  punishments  according  to  your  degree  of  guilt. 

Tsai-Hsun,  Prince  Chuang,  already  degraded,  allowed  the  Boxers  to 
attack  the  Legations.  He,  on  his  own  authority,  published  procla- 
mations contrary  to  the  treaties;  he  lightl}'^  believed  the  statements  of 
evil-doers;  he  unlawfully  caused  to  be  decapitated  a  great  number  of 
persons;  he  has  shown  himself,  of  a  truth,  vulgar  and  stupid.  We 
invite  him,  as  a  favor,  to  commit  suicide.  We  direct  Ko-pao-hua, 
acting  president  of  the  Court  of  Censors,  to  go  and  see  (that  the  suicide 
has  taken  place). 

Tsai-I,  Prince  Tuan,  already  degraded,  led  away  with  him  several 
Princes  and  Peilo  (Princes  of  the  3d  class).     He  foolishly  gave  heed 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         77 

to  the  Boxers  and  stupidly  advised  fighting.  So  all  these  troubles 
broke  out;  his  faults,  of  a  truth,  can  not  be  ignored.  Tsai-Lan,  Duke 
Fu-kuo,  reduced  in  rank,  in  concert  with  Tsai-Hsiin,  foolishly  pub- 
lished proclamations  contrary  to  the  treaties.  He  should  also  be  pun- 
ished for  his  faults.  We  deprive  them  of  their  nobiliary  titles,  but, 
considering  that  they  belong  to  our  family,  we  order,  by  special  act 
of  grace,  that  they  be  sent  to  Hsin-chiang  (Hi)  where  the}^  shall  be 
condemned  to  prison  for  life.  Deputies  shall  be  at  first  sent  to  watch 
them. 

Yii-Hsien,  degraded  governor,  foolishly  believed,  when  formerly 
discharging  the  duties  of  governor  in  Shantung,  in  the  charms  of  the 
Boxers.  Arriving  in  Peking,  he  extolled  them  so  highly  that  several 
Princes  and  Ministers  fell  under  his  evil  influence.  Being  governor  of 
Shansi,  he  massacred  a  great  number  of  missionaries  and  Christians. 
He  is  worse  than  an  imbecile,  than  a  fool,  than  a  murderer;  he  is  the 
chief  culprit  and  the  author  of  all  these  calamities.  He  has  already 
been  sent  to  Hsin-chiang,  and,  believing  that  he  has  arrived  in  Kan-su, 
We  order  that,  on  the  receipt  of  the  order  which  We  send,  he  shall  be  at 
once  beheaded.  We  direct  the  Provincial  Judge  Ho  Fu-kun  to  see 
that  the  penalty  is  carried  out. 

Kiing-Yi,  Assistant  Grand  Secretary  of  State,  President  of  the  Board 
of  W^orks,  having  lent  his  aid  to  the  Boxers,  serious  disturbances 
broke  out.  He  aided  in  publishing  proclamations  contrary  to  the 
treaties.  A  severe  punishment  was  to  have  been  inflicted  on  him  at 
first,  but  he  has  died  of  disease.  "We  order  that  the  honors  which  he 
previously  held  shall  be  withdrawn  from  him  and  that  he  be  at  once 
degraded. 

Tung  Fu-hsiang,  general  in  Kan-su,  degraded  but  retained  in  ofiice, 
entered  (Peking)  to  defend  (the  city)  with  the  troops  under  his  orders; 
he  was  unable  to  maintain  strict  discipline.  Ignorant,  furthermore, 
of  international  questions,  he  followed  his  ideas  and  acted  in  an  incon- 
siderate manner.  Although  the  attacks  on  the  Legations  were  ordered 
him  by  the  above  degraded  Princes,  it  is  nevertheless  difficult  to  absolve 
him  of  all  faults.  We  intended  in  the  first  instance  to  have  punished 
him  severely,  but,  considering  the  signal  services  he  has  rendered  in 
Ean-su  and  the  sympathy  felt  for  him  by  Mussulman  and  Chinese,  as 
an  act  of  extraordinary  grace,  We  order  that  he  shall  be  immediately 
degraded. 

Ying-Nien,  President  of  the  Court  of  Censors,  reduced  in  rank  and 
displaced,  opposed  Tsai-Hsiin  publishing  on  his  own  authority  procla- 
mations contrary  to  the  treaties.  We  may  make  due  allowance  for  this 
circumstance,  but  as  he  was  not  able  to  overcome  (this  resistance)  by 
force,  it  is,  after  all,  difficult  to  absolve  him.  We  order,  as  a  mark  of 
great  benevolence,  that  he  be  degraded.  We  condemn  him  to  death, 
and  he  shall  await  in  prison  that  his  case  be  passed  on. 


78        TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBLA. 

Chao  Shu-chiao,  President  of  the  Board  of  Punishments,  degraded 
and  retained  in  office,  had  never  shown  till  then  any  unfriendly  feeling 
in  relations  with  the  Foreign  Powers.  Having  made  a  report  on  the 
Boxers,  he  said  nothing  in  their  favor,  but  through  his  negligence  faults 
were  made.  We  order,  as  a  special  act  of  gi'ace,  that  he  be  degraded. 
We  condemn  him  to  death,  and  he  will  await  in  prison  that  his  case  be 
passed  on. 

We  command  that  Ying-Nien  and  Chao  Shu-chiao  be  in  the  first 
place  confined  in  the  prison  of  the  capital  of  Shensi. 

Hsu  Tung,  Grand  Secretary  of  State,  and  Li  Ping-heng,  former 
Governor-General  of  Sze-chuan,  reduced  in  rank  and  displaced,  died  for 
their  country,  but  everyone  knows  their  faults.  We  order  that  they 
be  degraded,  and  We  deprive  them  of  the  posthumous  honors  which  We 
had  conferred  on  them. 

After  the  promulgation  of  this  decree  all  our  friendly  nations  should 
recognize  that  the  events  caused  by  the  Boxers  are  in  truth  only  attrib- 
utable to  the  principal  authors  of  trouble  and  in  no  wise  to  the  wishes 
of  the  Court. 

We,  the  Emperor,  not  lightly  punishing  several  of  the  principal 
authors  of  trouble,  the  officials  and  the  people  of  the  Empire  will 
understand  at  once  that  the  consequences  of  such  acts  are  most  serious. 

"Respect  this  I" 

Annex  No.  5. 

IMPERIAL  EDICT  OF  THE  13  FEBRUARY,  1901. 

[Translation.] 

Ch'i  Hsiu,  President  of  the  Board  of  Bites,  and  Hsu  Cheng-yu,  for- 
merly senior  Vice-President  of  the  Board  of  Punishments,  are  in  the 
first  place  to  be  degraded. 

Weirder  Yi  K'uang  and  Li  Hung-chang  to  obtain  exact  proof  of 
their  guilt  and  to  send  Us  at  once  a  report.  They  shall  be  punished 
with  the  greatest  severity. 

"  Respect  this!" 

Annex  No.  6. 

IMPERIAL  EDICT  OF  THE  21  FEBRUARY,  1901. 

[Translation.] 

Edict  published  and  sent  telegraphically  the  3rd  day  of  the  1st  moon 
(21  February,  1901),  and  received  on  the  4th  by  the  Grand  Chancellery. 

"By  a  former  Edict  We  had  already  severely  punished,  according  to 
the  several  cases,  all  the  high  officials,  the  principal  authors  of  the 
present  misfortunes.     But  We  received  some  time  ago  a  telegraphic 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.         79 

report  from  Yi-K'uang  and  Li  Hung-chang  telling  Us  that,  according 
to  an  official  despatch  from  the  Ministers  Plenipotentiary  of  the  vari- 
ous Powers,  new  and  severer  punishments  were  necessary,  and  begging 
Us  to  take  action. 

"Besides  Tsai-Hsun,  who  has  been  ordered  to  commit  suicide,  and 
Yu-Hsien,  against  whom  has  been  pronounced  the  penalty  of  inune- 
diate  decapitation,  and  for  each  of  whom  deputies  have  been  ordered 
to  go  see  that  (the  sentences  have  been  carried  out),  We  decide  that  the 
penalty  to  be  inflicted  on  Tsai-I  (Prince  Tuan)  and  Tsai-Lan  (Duke 
Lan)  is  decapitation  with  reprieve;  nevertheless,  in  view  of  the  rela- 
tionship in  which  they  stand  to  Us,  We  show  them  the  special  act  of 
grace  of  sending  them  to  the  frontier  of  the  Empire,  in  Turkestan, 
where  they  shall  be  imprisoned  for  life.  A  deputy  to  take  them  under 
escort  shall  be  designated,  and  shall  leave  at  once. 

''As  to  ICang-Yi,  whose  crimes  were  greater,  the  penalty  should  have 
been  immediate  decapitation,  but  as  he  has  already  died  of  disease,  as 
an  act  of  grace,  he  shall  be  spared  further  inquiry  into  his  case. 

"As  regards  Ying-Nien  and  Chao  Shu-chiao,  whose  punishments, 
according  to  Our  former  decisions,  were  to  have  been  decapitation  with 
reprieve,  We  command  that  they  be  requested  to  commit  suicide,  and 
We  direct  Ch'en  Ch'un-huan,  Governor  of  Shan-si,  to  go  and  verify 
(their  deaths). 

"As  to  Ch'i  Hbiu  and  Hsii  Cheng-yu,  whom  the  Powers  designate  as 
the  most  ardent  protectors  bf  the  Boxer  bandits,  and  as  having  most 
particularly  done  harm  to  foreigners.  We  had  previously  ordered  their 
degradation;  We  (now)  order  Yi-K'uang  and  Li  Hung-chang  to  ask  the 
Towel's,  by  despatch,  for  their  surrender,  and  to  have  them  executed 
at  once.  One  of  the  Presidents  of  the  Board  of  Punishments  shall  be 
directed  to  verify  (their  execution). 

"As  to  Hsu  Timgj  who  compromised  the  great  general  interests  by 
putting  his  confidence  in  the  Boxers,  and  Li  Ping-heng,  whose  brag- 
ging ways  directly  brought  about  these  misfortunes,  the  punishment 
which  should  have  been  theirs  was  decapitation  with  reprieve;  but 
taking  into  consideration  the  fact  that  they  committed  suicide  when 
they  saw  the  disaster  coming,  and  that  they  have  already  been  degraded, 
and  that  the  posthumous  honors  which  had  been  granted  them  have 
been  annulled  and  withdrawn,  it  is  needless  to  take  up  their  cases. 

"The  nature  of  the  crimes  committed  by  all  the  principal  authors 
of  the  wrong  has  been  set  forth  in  a  clear  and  detailed  way  in  previous 
decrees. 

"Respect  this  1" 


80        TEEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

Annex  No.  7. 

IMPERIAL  EDICT  OF  THE  13TH  FEBRUARY,  1901. 

[Translation.] 

"The  trouble  brought  about  by  the  Boxers  durmg  the  5th  moon 
(May-June)  having  spread  froni  day  to  day,  the  Court  had  two  diffi- 
cult methods  to  adopt — to  take  coercitive  measures  or  to  pacify  them. 
In  the  hope  that  a  line  of  conduct  would  be  shown  Us  the  Ministers 
were  several  times  called  in  audience. 

"We  have  repeatedly  questioned  Hsii  Yung-yi,  President  of  the 
Board  of  War,  Li-Shan,  President  of  the  Board  of  Finance,  Hsii  Ching- 
cheng,  senior  vice-President  of  the  Board  of  Works,  Lien- Yuan,  vice- 
Chancellor  of  the  Grand  Council,  Yuan-Chang,  vice-President  of  the 
Court  of  Sacrificial  Worship. 

"  In  their  speech  and  in  their  mind  all  admitted  that  the  two  methods 
were  possible.  Several  Ministers,  instigators  of  trouble,  availing 
themselves  of  this  fact,  unjustly  accused  them,  handed  in  memorials 
in  which  they  denounced  them.  So  it  came  about  that  they  were 
severely  punished  in  their  persons. 

"  But  considering  that  Hsii  Yung-yi  and  the  others  showed  great  zeal 
for  many  years  and  have  always  had  charge  of  international  questions, 
that  they  may  have  been  faithful,  and  that  they  had  shown  themselves 
industrious.  We  should  grant  them  a  favor. 

"  We  command  that  Li-Shan,  Hsu  Yung-yi,  Hsu  Ching-cheng,  Lien- 
Yuan,  and  Yuan-Chang  be  restored  to  their  former  honors. 

"  Let  the  ministry  concerned  be  informed." 

"Respect  this!". 


Annex  No.  8. 

IMPERIAL  EDICT  OF  THE  19TH  AUGUST,  1901. 

[Translation.] 

Edict  received  by  the  Grand  Chancellery  the  6th  day  of  the  7th 
moon  of  the  27th  year  Kuang-hsii  (19  August,  1901). 

"  Considering  the  report  of  this  day  by  which  Yi-K'uang  and  Li 
Hung-chang  inform  Us  that  the  foreign  Powers  have  decided  on  the 
suspension  during  five  years  of  civil  and  military  examinations  in  the 
localities  where  troubles  have  taken  place; 

'^Considering  that  it  is  declared  that  this  suspension  shall  remain 
applicable  to  the  local  examinations  for  licentiates  of  Shun-t'ien  and 
of  T'ai-yuan; 

'*  Considering  the  list  comprising  the  localities  of — 

''Province  of  Shan-si:  T'ai-yuan  Fu,  Hsin-chou,  Tai-ku  Hsien, 
Ta-t'ung  Fu,  Fen-chou  Fu,  Hsiao-i  Hsien,  Ch'u-wo  Hsien,  Ta-ning 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         81 

Hsien,  Ho-ching  Hsien,  Yiieh-yang  Hsien,  So-p'ing  Fu,  Wen-shui 
Hsien,  Sbuo-yang  Hsien,  P'ing-yang  Fu,  Ch'ang-tzu  Hsien,  E[ao-p'ing 
Hsien,  Tse-chou  Fu,  Hsi  Chou,  P'u  Hsien,  Chiang-ehou,  Kuei-hua 
Ch'eng,  Sui-yuan  ch'eng; 

"Province  of  Ho-nan;  Nan-yang  Fu,  Kuang-chou; 

"Province  of  Che-chiang:  Ch'u-chou  Fu; 

"Province  of  Chih-li;  Pei-ching,  Shun-t'ien  Fu,  Pao-ting  Fu, 
Yung-ching  Hsien,  Pien-ching  Fu,  Shun-te  Fu,  Wang-tu  Hsien, 
Huai-lu  Hsien,  Hsin-ngan  Hsien,  T'ung-chou,  Wu-i  Hsien,  Ching- 
chou,  Luan-ping  Hsien: 

"Three provinces  of  Manchuria:  Sheng-ching  (=Mukden),  Chia-tzti- 
ch'ang,  Lien-shan,  Yu-ch'ing-chieh,  Pei-Iin-tzu,  Hu-lan  Ch'eng; 

"Province  of  Shen-si:  Ning-chiang  Chou; 

"Province  of  Hu-nan:  Heng-chou  Fu; 

"  We  command  that  in  all  these  localities  civil  and  military  exami- 
nations shall  be  suspended  during  a  period  of  five  years,  and  We  order 
all  governors-general,  governors,  and  examiners  of  the  aforesaid  prov- 
inces, to  act  in  conformity  and  to  publish  proclamations." 

"Respect  this!" 

Annex  No.  9. 

IMPERIAL  EDICT  OF  18TH  OF  JUNE,  1901. 
[Tranfllation.] 

Ikiict  received  by  telegraph  from  Hsi-an-Fu  the  3d  day  of  the  6th 
moon  (18th  of  June,  1901): 

We  confer  on  Na  Tung,  second  Vice-President  of  the  Boaixi  of 
Finances,  the  official  button  of  the  first  rank,  and  we  designate  him  as 
special  Envoy  to  go  to  Japan  and  to  there  respectfully  discharge  the 
mission  We  entrust  to  him. 

"Respect  this!" 

Annex  No.  10. 

LIST  OF  CEMETERIES  SITUATED  IN  THE  NEIGHBORHOOD  OF  PEKING 
AND  WHICH  HAVE  BEEN  DESECRATED. 

British  cemetery One 

French  cemeteries _ _ Five 

Russian  cemetery _ _  _  One 

Total Seven 

27938^-04 6 


82        TfiEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Annex  No.  11. 

IMPERIAL  EDICT  OF  THE  25TH  OF  AUGUST,  1901. 
[Translation.] 

We  command  all  Tartar  Generals,  Governors  General,  and  Governors 
of  provinces,  as  well  as  the  Customs  taotais,  to  forbid,  in  the  first 
place  for  a  period  of  two  years,  the  importation  of  implements  of  war 
as  well  as  of  material  serving  exclusively  in  their  manufacture  and  of 
foi>eign  origin. 

Inform  the  ministry  concerned. 

''Respect  thisl" 

Annex  No.  12. 

DESPATCH  OF  FRINGE  CH'ING  AND  LI  HUNG-CHANG  TO  M.  DE 
COLOGAN,  minister  of  SPAIN,  DOYEN  OF  THE  DIPLOMATIC  BODY 
(29  MAY,  1901). 

[Translation.] 

The  12th  day  of  the  4th  moon  of  the  27th  year  of  Kuang-hsu  (29th 
May,  1901). 

OflBcial  Reply. 

The  7th  day  of  the  4th  moon  of  the  present  year  (24  May,  1901,)  we 
received  from  Your  Excellency  the  following  official  despatch: 

''I  have  the  honor  to  acknowledge  to  Your  Highness  and  Your 
Excellency  receipt  of  the  letter  which  you  were  pleased  to  send  me  in 
reply  to  my  communication  dated  May  7th  concerning  the  indemnities. 
In  the  letter  to  which  Your  Highness  and  Your  Excellency  have  just 
replied  we  informed  you  that  the  approximate  figure  of  the  expenses 
incurred  and  of  the  losses  sustained  by  the  Powers  amounted  to  the 
sum  of  450  millions  of  taels,  calculated  to  the  1st  of  July  of  the  current 
year. 

''In  reply  to  this  communication  Your  Highness  and  Your  Excel- 
lency have  informed  me  that  the  Chinese  Government  proposed  to 
pay  off  this  sum  to  the  powers  by  monthly  payments  of  1,250,000  taels 
during  30  years. 

"The  Representatives  of  the  Powers  have  not  failed  to  transmit  this 
proposal  to  their  Governments.  But  they  must  call  the  attention  of 
Your  Highness  and  Your  Excellency  to  the  fact  that  the  total  of  the 
payments  proposed  by  the  Chinese  Government  only  represents  the 
capital  of  the  sum  mentioned,  without  the  question  of  interest  having 
been  taken  account  of. 

"I  consequently  beg  Your  Highness  and  Your  Excellency  to  be  so 
kind  as  to  inform  us  as  soon  as  possible  of  the  intention  of  the  Chinese 
Government  in  this  respect." 

In  considering  in  a  previous  despatch  the  question  of  indemnities, 
we  explained  to  Your  Excellency  the  penury  of  the  Chinese  treasury. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         83 

In  your  last  communication  Your  Excellency  is  pleased  to  call  our 
attention  to  the  fact  that  the  annual  payments  of  fifteen  millions  of 
taels  which  we  proposed  only  represent  the  capital,  and  you  now  call 
our  attention  to  the  question  of  interest. 

As  we,  on  our  side,  had  already  considered  that  besides  the  capital 
there  also  had  to  be  taken  into  consideration  the  question  of  aimual 
interest  at  4  per  cent,  we  had  already,  by  telegram,  submitted  to  the 
Throne  proposals  on  this  subject,  and  in  reply  we  have  received  an 
Imperial  Edict,  stating  that  "  the  figure  of  four  hundred  and  fifty  mil- 
lions of  indemnities  to  be  paid  the  Powers,  with  interest  at  4  per  cent, 
is  approved,"  and  we  are  commanded  to  take  the  necessary  measures 
to  carry  out  this  decision. 

We  have,  therefore,  only  to  comply  with  the  orders  of  the  Throne. 

Nevertheless  this  obliges  us  to  recall  to  Your  Excellency  that  the 
financial  resources  of  China  are  so  restricted  that  nothing  more  can  be 
taken  from  them  possibly  beyond  the  fifteen  millions  of  taels  which 
we  have  already  proposed  to  Your  Excellency  to  devote  specially  to  the 
payment  of  indemnities,  but  as  this  sum  must  not  only  furnish  payment 
of  the  capital,  but  also  that  of  interest,  we  have  no  other  alternative 
to  propose  than  to  prolong  the  term  of  payments,  which  we  had  in  the 
first  place  fixed  at  30  years,  in  such  a  way  that  the  instalments  paid 
during  the  first  period  of  this  term  thus  extended  shall  be  considered 
as  destined  to  extinguish  the  capital,  while  those  made  during  the 
second  period  shall  be  applied  to  liquidating  the  interest  account,  after 
which  all  payments  would  cease  through  the  extinction  of  the  debt. 
The  Imperial  Maritime  Customs,  already  entrusted  as  we  suggested, 
with  the  payments  of  the  capital,  would  likewise  be  entrusted  with 
the  payments  on  account  of  interest.  As  to  the  amount  of  the 
annual  interest,  it  would  be  understood  that  it  would  decrease  propor- 
tionately every  year,  according  to  the  progressive  reduction  of  the 
capital. 

We  have  the  honor  to  request  Your  Excellency  to  kindly  inform  us 
what  you  think  of  the  plan  we  suggest  above  to  pay  off  both  capital 
and  interest,  or  if  in  your  opinion  it  would  not  be  better  to  consider  a 
portion  of  the  fifteen  millions  paid  annually  as  an  instalment  on  the 
capital  to  be  paid  off,  and  the  balance  as  an  instalment  on  the  interest. 
These  details  require  a  careful  examination,  and  demand  a  previous 
and  full  understanding  between  the  parties. 

China  having  thus  shown  its  good  will  in  assenting  to  the  demands 
of  the  Powers  on  the  question  of  the  indemnity,  and  in  taking  all  the 
necessary  steps  to  insure  an  integral  payment  of  it,  we  hope  to  have 
soon  the  satisfaction  of  learning  that  the  Powers  are  in  a  position  to 
fix  an  early  date  for  the  evacuation. 

We  have  the  honor  to  request  Your  Excellency  to  kindly  communi- 
cate the  above  to  the  Representatives  of  the  Powers. 


84 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 


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86        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Annex  No.  14. 

DESCRIPTION  OF  THE  BOUNDARIES  OF  THE  LEGATION  QUARTER  AT 

PEKING. 

Point  1  is  situated  on  the  south  wall  of  the  Tartar  City  an  hundred 
feet  to  the  east  of  the  east  side  of  the  superstructure  of  the  Ch'ien 
Men.  From  this  point  the  boundary  runs  for  a  distance  of  two  hun- 
dred and  sixteen  feet,  following  a  line  nearly  due  north,  as  far  as 

Point  2,  southeast  corner  of  the  balustrade  in  white  stone  which 
encloses  the  open  paved  space  before  the  principal  entrance  of  the 
Imperial  City. 

From  this  point  the  boundary  runs  for  a  length  of  three  hundred 
and  ten  feet  along  the  east  side  of  this  balustrade,  nearly  directly  north 
until 

Point  3,  situated  on  the  north  side  of  the  road  which  forms  a  con- 
tinuation of  Legation  street,  and  is  at  the  intersection  of  the  boundary 
line  coming  from  2  and  of  a  line  drawn  along  the  continuation  of  the 
north  side  of  the  Legation  street. 

From  this  point  the  line  runs  for  a  length  of  six  hundred  and  forty- 
one  feet  and  a  half  (measured  around  and  in  the  angles  of  the  wall) 
along  the  north  side  of  Legation  street  as  far  as 

Point  4,  at  one  hundred  and  forty -six  to  the  west  of  the  corner 
(southwest)  of  Gaselee  road,  measured  along  the  north  of  Legation 
street. 

From  this  point  the  boundary  runs  for  a  length  of  two  thousand  one 
hundred  and  fifty-two  feet  (measured  around  and  in  the  angles  of  the 
buildings)  in  a  general  northerly  direction,  but  following  the  line  of 
the  buildings  now  existing  and,  in  the  open  spaces  between  the  build- 
ings, a  line  parallel  to  the  general  line  of  the  buildings  on  the  left  side 
of  Gaselee  road  and  at  one  hundred  and  fifty -seven  feet  on  the  west 
side  of  the  west  side  of  the  gate  which  leads  from  Gaselee  road  to  the 
exterior  court  of  the  Imperial  City,  as  far  as 

Point  6,  on  the  south  side  of  the  south  wall  of  the  interior  court  of 
the  Imperial  City,  and  at  one  hundred  and  fifty-seven  feet  from  the 
west  side  of  the  gate  at  the  end  of  Gaselee  road. 

From  this  point  the  line  runs  for  a  distance  of  one  thousand  two 
hundred  and  eighty -eight  feet  nearly  directly  toward  the  east,  along 
the  wall  as  far  as 

Point  6,  southeast  corner  of  the  exterior  court  of  the  Imperial  City. 

From  there  the  line  runs  nearly  directly^  north  along  the  wall  for  a 
distance  of  two  hundred  and  eighteen  feet  measured  in  a  straight  line  to 

Point  7,  northeast  corner  of  the  exterior  court. 

From  there  the  line  runs  nearly  due  east  for  a  distance  of  six 
hundred  and  eighty-one  feet  to 

Point  8,  southeast  corner  of  the  wall  of  the  Imperial  City. 


^ 


^-,^<i'S,'rs:rsr,rrr^s::s^':rs^.£3^rs:,T^^ 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         87 

From  there  the  boundary  runs  nearly  due  north  for  a  distance  of 
sixty -five  feet  along  the  wall  to 

Point  9,  at  sixty -five  feet  from  the  southeast  corner  of  the  wall  of 
the  Imperial  City. 

From  there  the  boundary  runs  direct  due  east  for  a  distance  of  three 
thousand  and  ten  feet  to 

Point  10,  on  the  west  side  of  Ketteler  Strasse  and  at  three  hundred 
feet  from  the  angle  of  intersection  of  Ketteler  Strasse  and  the  Viale 
Italia. 

From  this  point  the  boundary  runs  nearly  due  south  along  the  west 
side  of  Ketteler  Strasse  to 

Point  11,  northwest  corner  of  the  archway  of  the  Hatamen,  on  the 
south  wall  of  the  Tartar  City. 

From  there  the  boundary  runs  along  the  wall  and  includes  the  west 
ramp  of  the  Hatamen  to 

Point  12,  on  the  wall  at  one  hundred  feet  to  the  west  of  the  super- 
structure of  the  Hatamen. 

From' Point  12,  the  boundary  follows  the  south  side  of  the  wall,  as 
shown  in  the  plan,  including  in  it  the  bastions  and  joins  1. 

The  points  of  the  plan  which  have  been  fixed  are  the  following: 

A.  Point  at  one  hundred  and  seven  feet  from  the  superstructure  of 
the  Chien-Men,  measured  to  the  east  along  the  north  side  of  the  crest 
of  the  wall  of  the  Tartar  City. 

B.  Point  on  the  top  of  the  north  edge  of  the  wall  of  the  Tartar  City, 
exactly  above  the  middle  of  the  canal  for  the  drainage  of  water. 

C.  Northwest  corner  of  the  superstructure  of  the  Hatamen. 


Annex  No.  16. 
IMPERIAL  EDICT  OF  FEBRUARY  1,  1901. 

In  all  the  provinces  bandits  called  for  followers  and  established 
antiforeign  societies.  Various  edicts  were  issued  formally  forbidding 
this.  We  repeated  this  many  times,  but,  nevertheless,  in  late  years 
there  have  been  in  all  the  Shan-tung  districts  sects  under  the  name  of 
Ta-tao-huei  (Great  Knives  Society)  and  I-ho-chuan  (Boxers),  which 
spread  everywhere,  with  the  object  of  willful  murder  and  theft. 
Little  by  little  they  reached  the  Chih-li  territory  and  suddenly  entered 
the  capital,  where  they  set  fire  to  the  foreign  establishments  and 
attacked  the  Legations.  Crimes  were  also  committed  against  neigh- 
boring countries  and  offenses  against  the  general  interest.  For  not 
having  assured  protection  we  have  incurred  heavy  responsibilities. 

You  people  who  in  ordinary  times  nourish  yourselves  and  live  from 
the  products  of  this  land,  and  who  have  all  been  loaded  with  the 
Empire's  favors — you  have,  however,  dared  to  incite  these  bandits 


88        TREATIES  AJS^D  CONVENTIONS  WITH  CHINA  AND  KOREA. 

with  the  desire  to  fight,  to  teach  methods  for  casting  spells,  and  to 
devote  themselves  to  false  practices.  You  have  rashly  resisted  your 
officials,  whom  you  have  massacred;  you  have  assassinated  foreigners, 
and  then  you  have  been  the  cause  of  unprecedented  calamities,  which 
above  all  else  have  plunged  your  Sovereign  and  your  fathers  in  grief. 

We  can  not  think  of  what  has  been  done  without  feeling  a  still  deeper 
resentment.  We  have  already  formally  ordered  the  Commanders  in 
chief  of  all  the  regions  to  use  their  most  strenuous  efforts  to  destroy 
these  societies.  It  is  incumbent  that  the  root  of  the  evil  be  suppressed, 
and  the  Princes  and  Ministers  who  have  lent  their  support  to  the  Boxers 
shall  suffer  the  heaviest  penalties  according  to  their  crimes,  and  in  order 
to  inspire  fear,  all  civil  and  military  examinations  shall  be  suspended 
during  five  years  in  all  cities  where  foreigners  were  massacred  or 
suffered  cruel  treatment. 

Fearing  lest  the  ignorant  rural  populations  may  not  hear  (of  these 
punishments),  new  and  severe  prohibitions  shall  be  specially  made  in 
order  to  avoid  the  execution  of  people  who  have  not  been  notified. 

You,  soldiers  and  people,  should  know  that  it  is  formally  forbidden 
by  law  to  organize  or  belong  to  secret  societies.  Our  ancestors  have 
never  shown  the  slightest  indulgence  in  the  repression  of  societies  of 
malefactors.  ' 

Moreover,  the  foreign  Powers  are  all  friendly  countries,  the  Chris- 
tians are  children  of  our  blood  whom  the  Court  regards  with  a  same 
kindness,  and  It  could  not  allow  different  sentiments  to  be  displayed 
towards  them.  All  Chinese,  whether  Christians  or  not,  who  may  be 
illtreated,  should  complain  to  the  authorities  and  wait  until  a  fair  and 
equitable  judgment  is  rendered.  How  can  you  lightly  believe  all  the 
rumors  which  have  been  spread?  How  can  you  disregard  the  penal 
laws? 

Then,  when  all  is  lost,  the  clever  ones  save  thenaselves  by  flight  and 
the  innocent  are  put  to  death.  The  law  is  slow  to  pardon,  and  all  that 
has  happened  is  really  very  regrettable.  From  the  publication  of  this 
present  edict,  each  one  must  reform  and  repent  him  of  the  teaching  he 
has  received. 

If  hardened  and  incorrigible  malefactors  should  again  secretly  organ- 
ize antiforeign  societies,  they  shall  be  punished  by  death,  as  well  as 
those  belonging  to  these  societies.  They  shall  not  be  shown  the 
slightest  mercy. 

The  Tartar  Generals,  Governors-General,  Governors,  and  High  pro- 
vincial Authorities,  whose  duty  it  is  to  direct  the  population,  should 
give  explicit  instructions  to  their  subordinates  to  publish  severe  proc- 
lamations and  to  have  the  present  edict  printed  on  yellow  paper,  which 
shall  be  posted  in  all  parts  of  the  Empire.  It  is  important  that  all 
families  be  notified,  and  urged  to  good  conduct,  and  that  all  be 
informed  that  the  will  of  the  Court  is  that  everyone  should  thoroughly 


TBBATTES  AND  OONVEJS^TIONS  WITH  CHINA  AND  KOREA.         89 

understand  that  punishments  will  be  meted  out,  in  order  to  avoid  the 
necessity  of  inflicting  other  punishments. 

Let  this  edict  be  made  known  to  all  i*^  t!:n  Empire. 

"Eespectthisl" 

Annex  No.  16. 
IMPERIAL  EDICT  OF  FEBRUARY  1,  1901. 

[Translation.] 

It  has  been  stipulated  in  the  treaties  concluded  between  China  and 
the  Foreign  Powers  that  the  citizens  of  these  Powers  shall  be  allowed 
to  penetrate  into  the  interior. 

The  Court,  in  order  to  assure  and  maintain  relations  with  other 
countries,  has  already  published  decrees  ordering  that  most  sincere 
efforts  be  made  in  the  provinces  to  assure  protection.  Nevertheless, 
the  local  authorities  having  gradually  grown  lax  (in  the  exercise 
of  their  duties),  malefactors  have  caused  trouble,  and  attacks  have 
been  directed  against  foreigners.  Similar  incidents  have  repeatedly 
occurred. 

We  realize  that  our  ability  was  too  limited  to  reform  the  ignorant 
people,  and  consequently  we  have  made  very  grievous  mistakes.  In 
ordinary  times,  not  one  of  the  local  officials  has  been  able  to  make 
understood  European  affairs,  and  none  have  comprehended  the  impor- 
tance of  foreign  relations.  Consequently  the  conflagration  spread 
everywhere,  threatening  the  Empire,  and,  if  they  reflect,  they  will 
find  they  have  cau'^e  for  uneasiness. 

Hencefoiiih  each  one  of  you  must  strive  to  overcome  his  resentment 
and  to  lay  aside  his  prejudices.  You  should  know  that  the  maintenance 
of  friendly  relations  with  foreign  countries  has  in  all  times  been  a 
fundamental  law.  People  coming  to  China  from  afar,  whether  as 
merchants  to  exchange  their  products,  or  as  travelers  to  increase  their 
scientific  knowledge,  or  yet  as  missionaries  to  preach  religion  with 
the  object  of  exhorting  the  people  to  do  good,  have  crossed  mountains 
and  seas  at  the  risk  of  great  fatigue. 

Since  China  passes  for  a  civilized  country,  it  should  practice  the 
duties  of  a  host  toward  its  guests.  Moreover,  the  Chinese  who  have 
gone  abroad  in  recent  years  number  at  least  several  hundreds  of  thou- 
sands. The  safety  of  their  persons  and  property  depends  upon  the 
guaranty  assured  them  by  the  Powers,  who  haive  given  them  their  pro- 
tection.    How  could  we  continue  to  treat  their  citizens  differently  il 

We  again  conMnapd  all  the  responsible  High  civil  and  military  Author- 
ities of  all  the  provinces  to  order  their  subordinates  to  protect,  in  the 
most  efficacious  manner,  the  agents  and  nationals  of  the  foreign  Pow- 
ers who  may  enter  within  their  districts.     In  case  daring  malefactors 


90        TREATIES  AJ^D  CONVENTIONS  WITH  CHINA  AND  KOREA. 

should  urge  to  illtreat  and  massacre  foreigners,  order  must  be  restored 
immediately  and  the  guilty  parties  arrested  and  punished  without 
delay.  No  delay  should  occur.  If,  owing  to  indifference,  or  rather  of 
voluntary  tolerance,  great  calamities  take  place,  or  if  treaties  should 
be  violated  and  no  immediate  steps  taken  to  make  repai-ation  or  inflict 
punishment,  the  Governors-General,  Governors,  and  the  provincial  or 
local  Officials  responsible  will  be  removed  and  shall  not  be  reappointed 
to  other  offices  in  other  provinces,  or  hope  to  be  reinstated  or  receive 
any  further  honors. 

The  present  decree  must  be  printed  and  published  to  warn  the  officials 
and  put  an  end  to  all  shameful  customs. 

"Respect  this  I" 

Annex  No.  17. 

REGULATIONS  FOR  THE  IMPROVEMENT  OF  THE  COURSE  OF  THE 

WHANGPU. 

I.  A  River  Conservancy  Board  is  established  at  Shanghai  for  the 
Whangpu  river. 

II.  The  Board  shall  have  the  twofold  duty  of  acting  as  agent  for  the 
straightening  and  improvement  of  the  river,  and  as  controlling  agent. 

III.  The  jurisdiction  of  the  Board  shall  extend  from  a  line  drawn 
from  the  lower  limit  of  the  Kiang-nan  Arsenal  towards  the  mouth  of 
Arsenal  Creek,  to  the  red  buoy  in  the  Yangtze. 

IV.  The  Board  shall  consist  of:  (a)  The  Taotai;  (5)  the  Commis- 
sioner of  Customs;  {c)  two  members  elected  by  tj^e  Consular  Body; 
(d)  two  members  of  the  General  Chamber  of  Commerce  of  Shanghai, 
elected  by  the  committee  of  the  said  Chamber;  {e)  two  members  repre- 
senting shipping  interests,  elected  by  shipping  companies,  commercial 
firms,  and  the  merchants  the  total  of  whose  entrances  and  clearances 
at  Shanghai,  Woosung,  and  other  ports  on  the  Whangpu  exceeds 
50,000  tons  per  annum;  (/*)  a  member  of  the  municipal  Council  of  the 
International  Settlement;  (g)  a  member  of  the  municipal  Council  of  the 
French  Concession,  and  (A)  a  representative  of  each  country  the  total 
tonnage  of  whose  ships  entering  and  clearing  at  Shanghai  and  any 
other  port  of  the  Whangpu  exceeds  two  hundred  thousand  tons  a  year. 

V.  The  ex  officio  members  shall  hold  office  as  long  as  they  fill  the 
position  by  virtue  of  which  they  sit  on  the  Board. 

VI.  The  representatives  of  the  municipal  Councils  and  of  the  Cham- 
ber of  Commerce  shall  be  elected  for  a  period  of  one  year.  They  may 
be  immediately  reelected. 

The  term  of  office  of  the  members  to  be  designated  by  the  Govern- 
ments (provided  under  paragraph  A)  shall  also  be  one  year. 

The  term  of  the  other  members  is  for  three  years.  They  may  be 
immediately  reelected. 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         91 

VII.  In  case  of  a  vacancy  during  a  term,  the  successor  of  the  out- 
going member  shall  be  designated  for  one  year  or  for  three  years, 
according  to  the  class  to  which  he  belongs. 

Vin.  The  Board  shall  elect  its  Chairman  and  Vice-Chairman  from 
amongst  its  members  for  a  term  of  one  year.  If  there  is  no  majority 
at  the  election  of  Chairman,  the  Senior  Consul  shall  be  requested  to 
give  a  casting  vote. 

IX.  In  case  of  the  absence  of  the  Chairman  the  Vice-Chaii-num  shall 
take  his  place.  If  both  of  them  are  absent  the  members  shall  choose 
amongst  themselves  a  President  for  the  occasion. 

X.  In  all  meetings  of  the  Board,  if  votes  are  equally  divided,  the 
Chairman  shall  have  a  casting  vote. 

XI.  Four  members  form  a  quoiTim. 

XII.  The  Board  shall  appoint  the  oflBicials  and  employees  deemed 
necessary  for  carrying  out  the  works  and  enforcing  its  regulations;  it 
shall  fix  their  salaries,  wages,  and  gratuities,  and  shall  pay  them  out 
of  the  funds  placed  at  its  disposal,  and  it  may  make  regulations  and 
take  every  measure  necessary  concerning  its  staff,  which  it  can  dismiss 
at  pleasure. 

X  III.  The  Board  shall  decide  on  the  necessary  steps  f  dr  the  regulation 
of  traffic,  including  the  placing  of  moorings  in  the  river  and  the  berthing 
of  vessels  within  the  limits  indicated  in  Article  III,  and  on  all  water 
courses  (such  as  the  Soochow  Creek  and  others)  passing  through  the 
French  Concession  or  the  International  Settlement  at  Shanghai  and 
the  foreign  quarter  at  Woosung,  as  well  as  on  all  the  other  creeks 
emptying  into  the  river,  for  a  distance  of  2  English  miles  above  their 
mouths. 

XIV.  The  Board  shall  have  power  to  expropriate  the  private  moor- 
ings and  to  establish  a  system  of  public  moorings  in  the  river. 

XV.  The  authorization  of  the  Board  shall  be  necessary  to  carry  out 
any  dredging,  to  build  bunds,  to  construct  jetties,  or  to  place  pontoons 
and  hulks  in  the  section  of  the  riv^er  mentioned  in  Article  XIII.  The 
Board  may,  at  its  discretion,  refuse  such  authorization. 

XVI.  The  Board  shall  have  full  power  to  remove  all  obstacles  in 
the  river,  or  the  above-mentioned  creeks,  and  to  recover,  if  necessary, 
the  cost  of  so  doing  from  those  responsible. 

XVII.  The  Board  shall  have  control  of  all  floating  lights,  buoys, 
beacons,  landmarks,  and  light  signals  within  the  section  of  the  river  and 
within  the  creeks  mentioned  in  Article  XIII,  as  well  as  over  such  marks 
on  the  shore  as  may  be  necessary  for  the  safe  navigation  of  the  river, 
with  the  exception  of  light-houses,  which  shall  remain  subject  to  Arti- 
cle XXXII  of  the  treaty  of  1858  between  Great  Britain  and  China. 

XVIII.  The  improvement  and  conservancy  works  of  the  Whangpu 
shall  be  entirely  under  the  technical  control  of  the  Board,  even  should 
the  carrying  out  of  them  necessitate  works  beyond  the  limits  of  its 


92        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

jurisdiction.     In  this  case  the  necessary  orders  will  be  transmitted  by 
and  the  work  will  be  done  with  the  consent  of  the  Chinese  authorities. 

XIX.  The  Board  shall  receive  and  disburse  all  the  funds  collected 
for  the  works  and  take,  in  conjunction  with  the  competent  authorities, 
all  proper  and  efficacious  measures  to  ensure  the  collection  of  the  taxes 
and  the  enforcement  of  the  regulations. 

XX.  The  Board  shall  appoint  the  Harbour  Master  and  his  staff. 
This  department  shall  act,  within  the  limits  of  the  powers  assigned  to 
the  board,  in  the  section  of  the  river  indicated  in  Article  XIII. 

XXI.  The  Board  shall  have  authority  to  organize  a  police  and  watch 
service  to  ensure  the  execution  of  its  regulations  and  orders. 

XXII.  The  Board  shall  have  the  direction  and  control  of  the  Shang- 
hai (Lower  Yangtze)  pilot  service.  Licenses  for  pilots  for  ships  bound 
for  Shanghai  shall  only  be  issued  by  the  Board  and  at  its  discretion. 

XXIII.  In  case  of  infractions  of  its  regulations,  the  Board  shall  sue 
offenders  in  the  following  way:  Foreigners,  before  their  respective 
consuls  or  competent  judicial  authority;  Chinese  or  foreigners  whose 
Governments  are  not  represented  in  China,  in  the  mixed  Court,  in  the 
presence  of  a  foreign  assessor. 

XXIY.  All  suits  against  the  Board  shall  be  brought  before  the  Court 
of  Consuls  at  Shanghai.  The  Board  shall  be  represented  in  suits  by  its 
secretary. 

XXV.  Members  of  the  Board  and  persons  employed  by  it  shall  not 
incur  any  personal  responsibility  for  the  votes  and  acta  of  the  Board, 
for  contracts  made  or  expenses  incurred  by  the  said  body,  when  the 
said  votes,  acts,  contracts,  and  expenses  concern  the  carrying  out  or 
the  enforcement,  under  the  authority  or  by  order  of  the  Board  or  of 
one  of  its  branches,  of  the  regulations  enacted  by  said  body. 

XXVI.  Besides  the  provisions  mentioned  in  Article  XIII  of  the 
present  annex,  the  Board  shall  have  power  to  enact,  within  the  limits 
of  its  competency,  all  necessary  ordinances  and  regulations,  and  to  fix 
fines  for  the  violation  thereof. 

XXVII.  The  ordinances  and  regulations  mentioned  in  Article  XXVI 
shall  be  submitted  for  the  approbation  of  the  Consular  Body.  If  two 
months  after  presenting  the  draft  of  the  proposed  ordinances  and  reg- 
ulations the  Consular  Body  has  made  no  objection  or  suggested  no 
modification,  it  shall  be  considered  as  approved  and  shall  come  into 
force. 

XXVIII.  The  Board  shall  have  power  to  acquire  by  purchase  the 
lands  necessary  for  carrying  out  the  works  of  improvement  and  con- 
servancy of  the  Whangpu  and  to  dispose  of  them. 

If,  for  this  purpose,  it  shall  be  deemed  necessary  to  expropriate  land, 
the  rules  laid  down  in  Article  VI  (a)  of  "The  Land  Regulations  for 
the  Foreign  Settlement  of  Shanghai  North  of  the  Yang-king-pang" 
shall  be  followed.  The  price  shall  be  fixed  by  a  Committee  consisting 
of,  first,  a  person  chosen  by  the  authority  to  whose  jurisdiction  the 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         93 

owner  is  subject;  second,  one  chosen  by  the  Board,  and,  third,  one 
chosen  by  the  Dean  of  the  Consular  Corps. 

XXIX.  Riparian  owners  shall  have  the  refusal  of  all  land  made  in 
front  of  their  properties  by  the  reclamation  carried  out  for  the 
improvement  of  the  waterways  in  question.  The  purchase  price  of 
these  lands  shall  be  fixed  by  a  Committee  composed  in  the  same  man- 
ner as  provided  for  in  Article  XXVIII. 

XXX.  The  revenues  of  the  Board  are  to  be  derived  from — 

{a)  An  annual  tax  of  one-tenth  of  1  per  cent  (0.1  per  cent)  on  the 
assessed  value  of  all  lands  and  houses  in  the  French  Concession  and 
the  International  Settlement. 

(J)  A  tax  of  equal  amount  on  all  property  with  water  frontage  on 
the  'VVhangpu,  from  a  line  drawn  from  the  lower  limit  of  the  Kiang-nan 
Arsenal  toward  the  mouth  of  Arsenal  Creek  to  the  place  where  the 
Whangpu  empties  into  the  Yangtze.  The  assessed  value  of  this  prop- 
erty shall  be  fixed  by  the  Committee  mentioned  in  Article  XXVII  I. 

(c)  A  tax  of  five  candereens  per  ton  on  all  ships  of  non-Chinese  t^^pe 
and  of  a  tonnage  superior  to  150  tons  entering  or  leaving  the  port  of 
Shanghai,  Woosung,  or  any  other  port  on  the  Whangpu. 

Ships  of  non-Chinese  type  of  150  tons  and  under  shall  pay  a  quarter 
of  the  above-mentioned  tax.  These  taxes  shall  only  be  leviable  on 
each  ship  once  every  four  months,  irrespective  of  the  number  of  its 
entrances  and  clearances. 

Foreign-built  ships  navigating  the  Yangtze  and  only  stopping  at 
Woosung  to  take  their  river  papers  shall  be  exempted  from  the  taxes 
above  mentioned,  on  condition  that  on  their  way  up  or  down  they  shall 
not  carry  on  any  commercial  transactions  at  Woosung.  They  shall, 
however,  be  allowed  to  take  on  water  and  supplies  at  Woosung. 

{d)  A  tax  of  one-tenth  of  1  per  centum  (0.1  per  cent)  on  all  merchan- 
dise passing  through  the  customs  at  Shanghai,  Woosung,  or  any  other 
port  on  the  Whangpu. 

(e)  An  annual  contribution  from  the  Chinese  Government  equal  to 
that  supplied  by  the  various  foreign  interests. 

XXXI.  The  collection  of  the  taxes  enumerated  in  Article  XXX 
shall  be  made  through  the  medium  of  the  following  authorities: 

Tax  a,  by  the  respective  Municipalities. 

Tax  J,  to  be  collected  from  persons  under  the  jurisdiction  of  Gov- 
ernments represented  in  China  by  their  respective  Consuls;  the  taxes 
to  be  collected  from  Chinese  or  from  persons  whose  Governments  are 
not  represented  in  China  by  the  Taotai. 

Taxes  c  and  c?,  by  the  Imperial  Maritime  Customs. 

XXXII.  Should  the  total  annual  revenues  of  the  Board  not  be  suf- 
ficient for  the  payment  of  interest  and  the  amortization  of  the  capital 
to  be  borrowed  for  carrying  out  the  works,  for  keeping  up  the  com- 
pleted works,  and  for  the  service  in  general,  the  Board  shall  have  the 


94        TREATIEB  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

power  to  increase  in  the  same  proportion  the  various  taxes  on  shipping, 
on  land  and  houses,  and  on  trade,  to  a  figure  sufficient  to  supply  its 
recognized  needs.  This  eventual  increase  would  apply  in  the  same 
proportion  to  the  contribution  of  the  Chinese  Government  mentioned 
in  paragraph  e  of  Article  XXX. 

XXXIII.  The  Board  shall  give  notice  to  the  Superintendent  of 
Southern  Trade  and  to  the  Consular  Body  of  the  necessit}^  for  the 
increase  referred  to  in  Article  XXXII.  Such  increase  shall  only  come 
into  force  after  its  approval  by  the  Consular  Body  at  Shanghai. 

XXXIV.  The  Board  shall  submit  to  the  Superintendent  of  Southern 
Trade  and  to  the  Consular  Body  at  Shanghai,  within  six  months  after 
the  closing  of  each  financial  year,  its  annual  accounts,  accompanied  by 
a  detailed  report  on  the  general  management  and  the  receipts  and 
expenditures  during  the  preceding  twelve  months.  This  report  shall 
be  published. 

XXXV.  If  the  exact  and  published  accounts  of  receipts  and  expend- 
itures show  a  balance  of  receipts  over  expenses,  the  taxes  mentioned 
in  Article  XXX  shall  be  proportionately  reduced  by  the  Board  and 
the  Consular  Body  at  Shanghai  acting  conjointly.  The  eventual  reduc- 
tion shall  apply  in  the  same  proportion  to  the  contribution  of  the 
Chinese  Government  referred  to  in  paragraph  e  of  Article  XXX. 

XXXVI.  At  the  expiration  of  the  first  term  of  three  years  the 
signatories  shall  examine  conjointly  whether  the  provisions  contained 
in  the  present  annex  require  revision.  A  new  revision  can  take  place 
every  three  years  under  the  same  conditions. 

XXXVII.  The  regulations  of  the  Board  within  the  limits  provided 
for  in  Article  XIII,  and  subject  to  the  approbation  of  the  Consular 
Body  at  Shanghai,  shall  be  binding  on  all  foreigners. 

Done  at  Peking  September  7th,  1901. 


Annex  No.  18. 

IMPERIAL  EDICT  OF  THE  24TH  JULY,  1901. 

[Translation.] 

The  9th  day  of  the  6th  moon  the  Grand  Chancellery  received  the  fol- 
lowing Edict: 

*'The  creation  of  offices  and  the  determination  of  their  duties  has 
until  now  been  regulated  by  the  requirements  of  the  times.  Now,  at 
the  present  time,  when  a  new  treaty  of  peace  is  concluded,  international 
affairs  take  the  first  place  among  important  business,  and  it  is  more 
then  ever  necessary  to  have  recourse  to  competent  men  to  devote 
themselves  to  all  that  relates  to  establishing  friendly  relations  and  con- 
fidence in  speech. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.         95 

"The  Office  of  Foreign  Affairs,  formerly  created  to  treat  interua- 
tional  questions,  has  been  in  existence,  it  is  true,  for  years,  but,  in 
view  of  the  Princes  and  Ministers  composing  it  only  discharging  for 
the  most  part  their  functions  accessorily  with  others,  they  could  not 
devote  themselves  to  them  exclusively.  It  is  naturally,  therefore, 
proper  to  create  special  functions,  so  that  each  one  may  have  his  par- 
ticular attributions. 

"We  command,  in  consequence,  that  the  Office  of  Foreign  Affairs 
(Tsung-li  ko  kuo  shih-wu  Ya-men)  be  changed  into  a  Ministry  of  For- 
eign Affairs  ( Wai-wu  Pu)  and  take  rank  before  the  six  Ministries.  And 
we  designate  Yi-K'uang,  Prince  Ch'ing  of  the  first  rank,  ias  President 
of  the  Ministry  of  Foreign  Affairs. 

"  Wang  Wen-shao,  Grand  Secretary  of  State  of  the  Ti-jen  Ko,  is 
appointed  Assistant-President  of  the  Ministry  of  Foreign  Affairs. 
Ch'u  Hung-chi,  President  of  the  Board  of  Works,  is  transferred  with 
the  same  rank  to  the  Ministry  of  Foreign  Affairs,  in  which  he  is 
appointed  Assistant-President.  Hsii  Shou-p'eng,  Director  of  the 
Imperial  Stud,  and  Lien-Fang,  Expectant  Metropolitan  Subdirector 
of  the  third  or  fourth  rank,  are  appointed  first  and  second  Directors 
(or  Assistant  Secretaries). 

"As  regards  the  fixing  of  the  personnel,  the  rules  to  be  followed  in 
its  choice,  the  salaries  to  be  given  the  Ministers,  Directors,  and  other 
Agents,  We  command  the  Councilors  of  State  to  come  to  an  agreement 
with  the  Board  of  Civil  Office  and  to  promptly  submit  to  Us  their  con- 
clusions in  a  report. 

"Respect  this." 


Annex  No.  19. 

MEMORANDUM  ON  THE  CEREMONIAL  TO  BE  FOLLOWED  IN   SOLEMN 

AUDIENCES. 

1**.  Solemn  audiences  to  be  given  by  His  Majesty  the  Emperor  of 
China  to  the  Diplomatic  Body  or  to  Representives  of  the  Powers  sepa- 
rately shall  take  place  in  the  palace  hall  called  "  Ch'ien-ch'ing  Kung." 

2°.  In  going  to  or  coming  back  from  these  solemn  audiences  the  Rep- 
resentatives of  the  Powers  shall  be  carried  in  their  sedan  chairs  as  far 
as  outside  of  the  Ching-yun  gate.  At  the  Ching-yun  gate  they  will 
get  out  of  the  sedan  chair  in  which  they  have  come  and  will  be  carried 
in  a  little  chair  (i  chiao)  as  far  as  the  foot  of  the  steps  of  the  Ch'ien- 
ch'ing  gate. 

On  arriving  at  the  Ch'ien-ch'ing  gate  the  Representatives  of  the 
Powers  shall  get  out  of  their  chairs,  and  shall  proceed  on  foot  into  the 
presence  of  His  Majesty  in  the  Ch'ien-ch'ing  Kung  hall. 


96        TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

When  departing  the  Representatives  of  the  Powers  shall  return  to 
their  residences  in  the  same  manner  as  that  in  which  they  arrived. 

3*".  When  a  Representative  of  a  Power  shall  have  occasion  to  present 
to  His  Majesty  the  Emperor  his  letters  of  credence  or  a  communica- 
tion from  the  Head  of  the  State  by  whom  he  is  accredited,  the  Emperor 
shall  cause  to  be  sent  to  the  residence  of  said  Representative,  to  bear 
him  to  the  Palace,  a  sedan  chair  with  yellow  trimmings  and  tassels, 
such  as  are  used  by  the  Princes  of  the  Imperial  family.  The  said 
Representative  shall  be  taken  back  to  his  residence  in  the  same  man- 
ner. An  escort  of  troops  shall  likewise  be  sent  to  the  residence  of 
said  Representative  to  accompany  him  going  and  returning. 

4*^.  When  presenting  his  letters  of  credence  or  communication  from 
the  Head  of  the  State  by  whom  he  is  accredited,  the  Diplomatic  Agent, 
while  bearing  said  letters  or  communications,  shall  pass  by  the  central 
openings  of  the  Palace  doors  until  he  has  arrived  in  the  presence  of 
His  Majesty.  On  returning  from  these  audiences  he  will  comply,  as 
regards  the  doors  by  which  he  may  have  to  pass,  with  the  usages 
already  established  at  the  Court  of  Peking  for  audiences  given  to  For- 
eign Representatives. 

5*".  The  Emperor  shall  receive  directly  into  his  hands  the  letters  and 
communications  above  mentioned  which  the  Foreign  Representatives 
may  have  to  hand  to  him. 

6"*.  If  His  Majesty  should  decide  upon  inviting  to  a  banquet  the 
Representatives  of  the  Powers  it  is  well  understood  that  this  banquet 
shall  be  given  in  one  of  the  halls  of  the  Imperial  Palace  and  that  His 
Majesty  shall  be  present  in  person. 

7^.  In  brief,  the  ceremonial  adopted  by  China  as  regards  Foreign 
Representatives  shall,  in  no  case,  be  different  from  that  which  results 
from  perfect  equality  between  the  Countries  concerned  and  China, 
and  without  any  loss  of  prestige  on  one  side  or  the  other. 


No.  16. 

GREAT  BRITAIN-^APAIf . 

AGREEMENT  BETWEEN  THE  UNITED  KINGDOM  AND  JAPAN  RELATIVE 
TO  CHINA  AND  KOREA. « 

Signed  at  London,  January  30,  1902. 

The  Governments  of  Great  Britain  and  Japan,  actuated  solely  by  a 
desire  to  maintain  the  atatnis  qiw  and  general  peace  in  the  extreme 
East,  being  moreover  specially  interested  in  maintaining  the  inde- 
pendence and  territorial  integrity  of  the  Empire  of  China  and  the 
Empire  of  Korea,  and  in  securing  equal  opportunities  in  those  countries 
for  the  commerce  and  industry  of  all  nations,  hereby  agree  as  follows: 

Article  I. 

The  High  Contracting  Parties  having  mutually  recognized  the  inde- 

Beoognition  of   P^ndence  of  China  and  of  Korea,  declare  themselves  to 

independence  of   be  entirely  uninfluenced  by  any  aeerressive  tendencies 

China  and  Korea.     ;         .^u  *  u      •         •         •  u  xu   • 

Bight  to  safe^ard    ^^  either  country.     Having  m  view,  however,  their 

interests.  special  interests,  of  which  those  of  Great  Britain  relate 

principally  to  China,  while  Japan,  in  addition  to  the  interests  which 
she  possesses  in  China,  is  interested  in  a  peculiar  degree  politically  as 
well  as  commercially  and  industrially  in  Korea,  the  High  Contracting 
Parties  recognize  that  it  will  be  admissible  for  either  of  them  to  take 
such  measures  as  may  be  indispensable  in  order  to  safeguard  those 
interests  if  threatened  either  by  the  aggressive  action  of  any  other 
Power,  or  by  disturbances  arising  in  China  or  Korea,  and  necessi- 
tating the  intervention  of  either  of  the  High  Contracting  Parties  for 
the  protection  of  the  lives  and  property  of  its  subjects. 

Article  H. 

If  either  Great  Britain  or  Japan,  in  the  defence  of  their  respective 

«    *«-«*-  interests  as  above  described  should  become  involved 

lientrality. 

»  in  war  with  another  Power,  the  other  High  Contract- 

ing Party  will  maintain  a  strict  neutrality,  and  use  its  efforts  to  prevent 
other  Powers  from  joining  in  hostilities  against  its  ally. 

^British  Treaty  Series,  No.  3,  1902.  For  the  Franco-Ruasian  declaration  of  March 
A)  see  infra,  Doc.  No.  30. 

27938-04 7  97 


98        TBEATIB8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

Abticle  III. 

If,  in  the  above  event,  any  other  Power  or  Powers  should  join  in 

Armed  assist-    hostilities   against   that  ally,  the   other   High  Con- 

anoe;  wiien  to  be    tracting  Party  will  come  to  its  assistance,  and  will 

^^^^'  conduct  the  war  in  common,  and  make  peace  in  mutual 

agreement  with  it. 

Article  IV. 

The  High  Contracting  Parties  agree  that  neither  of  them  will,  with- 
Ho  separate  ar-    ^^^  consulting  the  other,  enter  into  separate  arrange- 
rangement  to  be    ments  with  another  Power  to  the  prejudice  of  the 
interests  above  described. 

Article  V. 

Whenever,  in  the  opinion  of  either  Great  Britain  or  Japan,  the 
To  confer  when    above-mentioned  interests  are  in  jeopardy,  the  two 

interests  in  jeop-    Governments  will  conununicate  with  one  another  fully 

"*y-  and  frankly. 

Article  VI. 

The  present  Agreement  shall  come  into  effect  immediately  after  the 
date  of  its  signature,  and  remain  in  force  for  five  years  from  that  date. 

In  case  neither  of  the  High  Contracting  Parties  should  have  notified 
twelve  months  before  the  expiration  of  the  said  five  years  the  inten- 
tion of  terminating  it,  it  shall  remain  binding  until  the  expiration 
of  one  year  from  the  day  on  which  either  of  the  High  Contracting 
Parties  shall  have  denounced  it.  But  if,  when  the  date  fixed  for  its 
expiration  arrives,  either  ally  is  actually  engaged  in  war,  the  alliance 
shall,  ipsofacto^  continue  until  peace  is  concluded. 

In  faith  whereof  the  Undersigned,  duly  authorized  by  their  respec- 
tive Governments,  have  signed  this  Agreement  and  have  affixed 
thereto  their  seals. 

Done  in  duplicate  at  London,  the  30th  day  of  January,  1902. 

[l.  s.]  (Signed)  Lansdowne, 

Hia  Britannic  Majesty's  Principal  Secretary  of  State  for 
Foreign  Affairs. 

[l.  s.]  (Signed)  Hatashi, 

Envoy  Extraordinary  and  Minister  Plenipotentiary  of  His 
Majesty  the  Emperor  of  Japan  at  the  Court  of  St.  James. 


No.  17. 

RUSSIA. 

AGREEMENT  BETWEEN  RUSSIA  AND  CHINA  WITH  REGARD  TO 

MANOR  URIA.O 

SiONED  AT  Peking,  March  26  (8th  April),  1902. 
[Translation.] 

His  Majesty  the  Emperor  and  Autocrat  of  All  the  Russias,  and  His 
Majesty  the  Emperor  of  China,  with  the  object  of  re-establishing  and 
confirming  the  relations  of  good  neighborhood,  which  were  disturbed 
by  the  rising  in  the  Celestial  Empire  of  the  year  1900,  have  appointed 
their  Plenipotentiaries  to  come  to  an  agreement  on  certain  questions 
relating  to  Manchuria.     These  Plenipotentiaries,  furnished  with  full 
powers  which  were  found  to  be  in  order,  agreed  as  follows: — 
Article  1.  His  Imperial  Majesty  the  Emperor  of  Russia,  desirous 
of  giving  fresh  proof  of  his  peaceable  and  friendly 
ity  in^^ohnria    disposition    towards   His   Majesty   the    Emperor    of 
to     be     reestab-    China,  and  overlooking  the  fact  that  attacks  were  first 
made  from  frontier  posts  in  Manchuria  on  peaceable 
Russian  Settlements,  agrees  to  the  re-establishment  of  the  authority 
of  the  Chinese  Government  in  that  region,  which  remains  an  integral 
part  of  the  Chinese  Empire,  and  restores  to  the  Chinese  Government 
the  right  to  exercise  therein  governmental  and  administrative  author- 
ity, as  it  existed  previous  to  the  occupation  by  Russian  troops  of  that 
region. 
Art.  2.  In  taking  possession  of  the  governmental  and  administra- 
tive authority  in  Manchuria,  the  Chinese  Government 
raS^*!^r*Iu    confirms,  both  with  regard  to  the  period  and  with 
Basfliaa   snbjeotB    regard  to  all  other  Articles,  the  obligation  to  observe 
Md^their  under-    strictly  the  stipulations  of  the  Contract  concluded 
with  the   Russo-Chinese  Bank  on  the  27th   August, 
1896,  and  in  virtue  of  paragraph  6  of  the  above-mentioned  Contract, 
takes  upon  itself  the  obligation  to  use  all  means  to  protect  the  railway 
and  the  persons  in  its  employ,  and  binds  itself  also  to  secure  within 

a  Official  text  published  in  Messager  Offickl  of  April  12,  1902.     English  translation 
in  British  Parliamentary  Blue  Book,  Chinaj  No.  2  {1904)  t  p.  36. 

99 


100     TBEAT1E8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

the  boundaries  of  Manchuria  the  safety  of  all  Russian  subjects  in 
general  and  the  undertakings  established  by  them.  , 

The  Russian  Government,  in  view  of  these  obligations  accepted  by 

-  ^  ^  the  Government  of  His  Majestj^  the  Emperor  of  China, 
Hanoliuria  by  agrees  on  its  side,  provided  that  no  disturbances  arise 
BasBia.  ^^^^  ^jj^^^  ^jj^  action  of  other  Powers  should  not  pre- 

vent it,  to  withdraw  gradually  all  its  forces  from  within  the  limits  of 
Manchuria  in  the  following  manner: — 

{a)  Within  six  months  from  the  signature  of  the  Agreement,  to  clear 
the  southwestern  portion  of  the  Province  of  Mukden  up  to  the  River 
Liao  ho  of  Russian  troops,  and  to  hand  the  railways  over  to  China. 

(5)  Within  further  six  months  to  clear  the  remainder  of  the  Province 
of  Mukden  and  the  Province  of  Kirin  of  Imperial  troops. 

(c)  Within  the  six  months  following  to  remove  the  remaining  Impe- 
rial Russian  troops  from  the  Province  of  Hei-lung-chiang. 

Art.  3.  In  view  of  the  necessity  of  preventing  in  the  future  any 

Chin  se  for  b  recurrence  of  the  disorders  of  last  year,  in  which  Chi- 
pending  evaona-  nese  troops  stationed  on  the  Manchurian  frontier  also 
^^^'  took  part,  the  Imperial  Russian  and  Chinese  Govern- 

ments shall  undertake  to  instruct  the  Russian  military  authorities  and 
the  Tsiang-Tsungs,  mutually  to  come  to  an  agreement  respecting  the 
numbers  and  the  disposition  of  the  Chinese  forces  until  the  Russian 
forces  shall  have  been  withdrawn.  At  the  same  time  the  Chinese 
Government  binds  itself  to  organize  no  other  forces  over  and  above 
those  decided  upon  by  the  Russian  military  authorities  and  the  Tsiang- 
Tsungs  as  sufficient  to  suppress  brigandage  and  pacify  the  country. 

After  the  complete  evacuation  of  Manchuria  by  Russian  troops,  the 
Chinese  Government  shall  have  the  right  to  increase 
afto^*"  ti'n^'  ^^  diminish  the  number  of  its  troops  in  Manchuria, 
but  of  this  must  duly  notify  the  Russian  Government, 
as  it  is  natural  that  the  maintenance  in  the  above-mentioned  district 
of  an  over  large  number  of  troops  must  necessarily  lead  to  a  rein- 
forcement of  the  Russian  military  force  in  the  neighbouring  districts, 
and  thus  would  bring  about  an  increase  of  expenditure  on  military 
requirements  undesirable  for  both  States. 

For  police  service  and  the  maintenance  of  internal  order  in  the 

^^  J.      districts  outside  those  parts  allotted  to  the  Eastern 

guard  in  Manoim-  Chinese  Railway  Company,  a  police  guard,  under  the 
^^'  local    Governors    ("Tsiang-Tsungs"),   consisting  of 

cavalry  and  infantry,  shall  be  organized  exclusively  of  subjects  of  his 
Majesty  the  Emperor  of  China. 

Art.  4.  The  Russian  Government  agrees  to  restore  to  the  owners 

the    Railway     Shanhaikwan-Newchwang-Sinminting, 

Binmintiiig    raU-    which,  since  the  end  of  September,  1900,  has  been 

way  to  be  restored,    occupied  and  guarded  by  Russian  troops.     In  view  of 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.   101 

this,  the  Government  of  His  Majesty  the  Emperor  of  China  binds 
itself:— 

1.  In  case  protection  of  the  above-mentioned  line  should  be  neces- 

sary, that  obligation  shall  fall  exclusively  on  the  Chi- 

^^  *^*??*  ^  nese  Government,  which  shall  not  invite  other  Powers 
protect  thii  line.  .... 

to  participate  m  its  protection,  construction,  or  work- 
ing, nor  allow  other  Powers  to  occupy  the  territory  evacuated  by  the 
Russians. 

2.  The  completion  and  working  of  the  above-mentioned  line  shall 
Co    1  ti        d    ^  conducted  in  strict  accordance  with  the  Agreement 

workiiLg  of  tiiii  between  Russia  and  England  of  the  16th  April,  1899, 
^•*  and    the  Agreement  with   the    private  Corporation 

respecting  the  loan  for  the  construction  of  the  line.  And  furthermore, 
the  Corporation  shall  observe  its  obligations  not  to  enter  into  posses- 
sion of  or  in  any  way  to  administer  the  Shanhaikwan-Newchwang- 
Sinminting  line. 

3.  Should,  in  the  course  of  time,  extensions  of  the  line  in  Southern 

_  ^       .         ,   Manchuria,  or  construction  of  branch  lines  in  connec- 
Bztension  of      .  .  ,   .  ,  -      ^    . ,       .     -..t        i 

line  in  Sonth  Man-    tion  With  it,  or  the  erection  of  a  bndge  in  Newchwang, 

ohnri«.  ^^  ^j^^  moving  of  the  terminus  there,  be  undertaken, 

these  questions  shall   first  form  the  subject  of    mutual  discussion 

between  the  Russian  and  Chinese  Governments. 

4.  In  view  of  the  fact  that  the  expenses  incurred  by  the  Russian 
duxia    to  Government  for  the  repair  and  working  of  the  Shan- 

Bnseia  for  repair  haikwan-Newchwang-Sinminting  line  were  not  in- 
and  keep  of  line,  eluded  in  the  sum  total  of  damages,  the  Chinese 
Government  shall  be  bound  to  pay  back  the  sum  which,  after  exami- 
nation with  the  Russian  Government,  shall  be  found  to  be  due. 

The  stipulations  of  all  former  Treaties  between  Russia  and  China 
which  are  not  affected  by  the  present  Agreement  shall  remain  in  force. 

The  Agreement  shall  have  legal  force  from  the  day  of  its  signature 
by  the  Plenipotentiaries  of  both  States. 

The  exchange  of  ratifications  shall  take  place  in  St.  Petersburg 
within  three  months  from  the  date  of  the  signature  of  the  Agreement. 

For  the  confirmation  of  the  above,  the  Plenipotentiaries  of  the  two 
Contracting  Powers  have  signed  and  sealed  two  copies  of  the  Agree- 
ment in  the  Russian,  French,  and  Chinese  languages.  Of  the  three 
texts,  which,  after  comparison,  have  been  found  to  correspond  with 
each  other,  that  in  the  French  language  shall  be  considered  as  authori- 
tative for  the  interpretation  of  the  Agreement. 

Done  in  Peking  in  duplicate,  the  26th  March  (/8th  April),  1902.« 

«This  treaty  was  signed  by  M.  Paul  Lessar,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  Russia  to  China,  on  the  pait  of  Russia,  and  by  Prince  Ch'ing  and 
Wang  Wen-shao  on  the  part  of  China. 


Ko.  18. 

GREAT  BRITAIN. 

TREATY  BETWEEN  GREAT  BRITAIN  AND  CHINA. 

Signed  at  Shanghai,  Seftbmber  5,  1902. 
Ratifications  Exchanged,  July  28,  1903. 

His  Majesty  the  B[ing  of  the  United  Kingdom  of  Great  Britain  and 
Ireland  and  of  the  British  Dominions  beyond  the  Seas,  Emperor  of 
India,  and  His  Majesty  the  Emperor  of  China,  having  resolved  to 
enter  into  negotiations  with  a  view  to  carrying  out  the  provision  con- 
tained in  Article  11  of  the  Final  Protocol  signed  at  Peking  on  the  7th 
September,  1901,  under  which  the  Chinese  Government  agreed  to 
negotiate  the  amendments  deemed  useful  by  the  foreign  Governments 
to  the  Treaties  of  Commerce  and  Navigation  and  other  subjects  con- 
cerning commercial  relations,  with  the  object  of  facilitating  them,  have 
for  that  purpose  named  as  their  Plenipotentiaries,  that  is  to  say: — 

His  Majesty  the  King  of  Great  Britain  and  Ireland,  His  Majesty's 
Special  Commissioner,  Sir  James  Lyle  Mackay,  Knight  Commander 
of  the  Most  Eminent  Oixier  of  the  Indian  Empire,  a  member  of  the 
Council  of  the  Secretary  of  State  for  India,  &c. ; 

And  His  Majesty  the  Emperor  of  China,  the  Imperial  Commissioners 
Lii  Hai-huan,  President  of  the  Board  of  Public  Works,  &c.,  and 
Sheng  Hsuan-huai,  elunior  Guardian  of  the  Heir-Apparent,  Senior 
Vice-President  of  the  Board  of  Public  Works,  &c. ; 

Who,  having  communicated  to  each  other  their  respective  full 
powers,  and  found  them  to  be  in  good  and  due  form,  have  agreed 
upon  and  concluded  the  following  Articles: — 

Article  I." 

Delay  having  occurred  in  the  past  in  the  issue  of  Drawback  Certifi- 
cates owing  to  the  fact  that  those  documents  have  to 
tifl^'teii*^**^  °^'"  ^^  dealt  with  b}^  the  Superintendent  of  Customs  at  a 
distance  from  the  Customs  OflBice,  it  is  now  agreed 
that  Drawback  Certificates  shall  hereafter'  in  all  cases  be  issued  by  the 
Imperial  Maritime  Customs  within  three  weeks  of  the  presentation  to 
the  Customs  of  the  papera  entitling  the  applicant  to  receive  such 
Drawback  Certificates. 


«See  U.  8.  Treaty  of  1903,  Art.  VIIL 
102 


TREATIES  AND  OONVBNTIONa  WITH  CHINA  AND  KOBEA.   103 

These  Certificates  shall  be  valid  tender  to  the  Customs  authorities  in 
payment  of  any  duty  upon  goods  imported  or  exported  (transit  dues 
excepted),  or  shall,  in  the  case  of  Drawbacks  on  foreign  goods  re- 
exported abroad  within  three  years  from  the  date  of  importation,  be 
payable  in  cash  without  deduction  by  the  Customs  Bank  at  the  place 
where  the  import  duty  was  paid. 

But  if,  in  connection  with  any  application  for  a  Drawback  Certifi- 
cate, the  Customs  Authorities  discover  an  attempt  to  defraud  the 
revenue,  the  applicant  shall  be  liable  to  a  fine  not  exceeding  five  times 
the  amount  of  the  duty  whereof  he  attempted  to  defraud  the  customs, 
or  to  a  confiscation  of  the  goods. 

Article  II. « 

China  agrees  to  take  the  necessary  steps  to  provide  for  a  uniform 
National    coin-    national  coinage  which  shall  be  legal  tender  in  pay- 
•«®-  ment  of  all  duties,  taxes,  and  other  obligations  through- 

out the  Empire  by  British  as  well  as  Chinese 'subjects. 

Article  III. 

China  agrees  that  the  duties  and  li-hin  combined  levied  on  goods 

Dntiei  on  goods  ^^'^^^^  ^J   \^^^^   ^o™  Hong  Kong  to  the   Treaty 

carried  by  jnnks  ports  in   the  Canton   Province,  and  v!ce  versd^  shall 

^tween    Hong-  together  not  be  less  than  the  duties  charged  by  the 

Province  treaty  Imperial  Maritime  Customs  on  similar  goods  carried 

P**'^'  by  steamer. 

Article  IV.* 

Whereas  questions  have  arisen  in  the  past  concerning  the  right  of 
Chinese  subjects  to  invest  money  in  non-Chinese  enter- 
nese^inveetors  in  prises  and  companies,  and  whereas  it  is  a  matter  of 
foreign  enter-  common  knowledge  that  large  sums  of  Chinese  capital 
^'^**'  are  so  invested,  China  hereby  agrees  to  recognize  the 

legality  of  all  such  investments,  past,  present,  and  future. 

It  being,  moreover,  of  the  utmost  importance  that  all  shareholders 
in  a  Joint-Stock  Company  should  stand  on  a  footing  of  perfect  equal- 
ity as  far  as  mutual  obligations  are  concerned,  China  further  agrees 
that  Chinese  subjects  who  have  or  may  become  shareholders  in  any 
British  Joint-Stock  Company  shall  be  held  to  have  accepted,  by  the 
very  act  of  becoming  shareholders,  the  Charter  of  Incorporation  or 
Memorandum  and  Articles  of  Association  of  such  Company,  and  regu- 
lations framed  thereunder  as  interpreted  by  British  Courts,  and  that 
Chinese  Courts  shall  enforce  compliance  therewith  by  such  Chinese 

oSee  Japanese  Treaty  of  1903,  Art.  XIII,  and  U.  S.  Treaty  of  1803,  Art.  XIII. 
&See  Japanese  Treaty  of  1903,  Art.  IV. 


104     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

shareholders,  if  a  suit  to  that  effect  be  entered,  provided  always  that 
their  liability  shall  not  be  other  or  greater  than  that  of  British  share- 
holders in  the  same  Company. 

Similarly  the  British  Government  agree  that  British  subjects  invest- 
ing in  Chinese  Companies  shall  be  under  the  same  obligations  as  the 
Chinese  shareholders  in  such  Companies. 

The  foregoing  shall  not  apply  to  cases  which  have  already  been 
before  the  Courts  and  been  dismissed. 

Article  V. 

The  Chinese  Government  undertake  to  remove  within  the  next  two 
H  viffati         f   y®*^^  ^®  artificial  obstructions  to  navigation  in  the 
Canton  Biver  to  be    Canton  River.     The  Chinese  Government  also  agree 
improved.  ^  improve  the  accouuuodation  for  shipping  in  the 

harbour  of  Canton,  and  to  take  the  necessary  steps  to  maintain  that 
improvement,  such  work  to  be  carried  out  by  the  Imperial  Maritime 
Customs,  and  the  cost  thereof  to  be  defrayed  by  a  tax  on  goods  landed 
and  shipped  by  British  and  Chinese  alike  according  to  a  scale  to  be 
arranged  between  the  merchants  and  Customs. 
The  Chinese  Government  are  aware  of  the  desirability  of  improving 
-  .         the  navigability  by  steamer  of  the  waterway  between 

oonrse  of  Vpper  Ichang  and  Chungking,  but  are  also  fully  aware  that 
Yangtie  River.  g^^j^  improvement  might  involve  heavy  expense,  and 
would  affect  the  interests  of  the  population  of  the  Provinces  of 
Szechuen,  Hunan,  and  Hupeh.  It  is,  therefore,  mutually  agreed  that 
until  improvements  can  be  carried  out  steamship  owners  shall  be 
allowed,  subject  to  approval  by  the  Imperial  Maritime  Customs,  to 
erect,  at  their  own  expense,  appliances  for  hauling  through  the  rapids. 
Such  appliances  shall  be  at  the  disposal  of  all  vessels,  both  steamers 
and  junks,  subject  to  regulations  to  be  drawn  up  by  the  Imperial 
Maritime  Customs.  These  appliances  shall  not  obstruct  the  waterway 
or  interfere  with  the  free  passage  of  junks.  Signal  stations  and  chan- 
nel marks  where  and  when  necessary  shall  be  erected  by  the  Imperial 
Maritime  Customs.  Should  any  practical  scheme  be  presented  for 
improving  the  waterway  and  assisting  navigation  without  injury  to 
the  local  population  or  cost  to  the  Chinese  Government,  it  shall  be 
considered  by  the  latter  in  a  friendly  spirit.* 


a 


Article  VI.* 

The  Chinese  Government  agree  to  make  arrangements  to  give 

increased  facilities  at  the  open  ports  for  bonding  and 

honses^**  ware-    f^^  repacking  merchandise  in  bond,  and,  on  official 

representation  being  made  by  the  British  Authpritiis, 

«  See  Japanese  Treaty  of  1903,  Art.  II. 
fcSee  U.  S.  Treaty  of  1903,  Art.  VI. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      105 

to  grant  the  privileges  of  a  bonded  warehouse  to  any  warehouse  which 
it  is  established  to  the  satisfaction  of  the  Customs  Authorities  affords 
the  necessary  security  to  the  revenue. 

Such  warehouses  will  be  subject  to  regulations,  including  a  scale  of 
fees  according  to  commodities,  distance  from  Custom-House,  and  hours 
of  working,  to  be  drawn  up  by  the  Customs  Authorities,  who  will 
meet  the  convenience  of  merchants  so  far  as  is  compatible  with  the 
protection  of  the  revenue. 

Article  Vn.« 

Inasmuch  as  the  British  Government  afford  protection  to  Chinese 
trade  marks  against  infringement,  imitation,  or  colour- 
tr^e-n^kB**  ®'   able  imitation  by  British  subjects,  the  Chinese  Govern- 
ment undertake  to  afford  protection  to  British  trade 
marks  against  infringement,  imitation,  or  colourable  imitation  by 
Chinese  subjects. 

The  Chinese  Government  further  undertake  that  the  Superintendents 
of  Northern  and  of  Southern  trade  shall  establish  offices  within  their 
respective  jurisdictions  under  control  of  the  Imperial  Maritime  Cus- 
toms, where  foreign  trade  marks  may  be  registered  on  payment  of  a 
reasonable  fee. 

Article  VIII.* 

preamble. 

The  Chinese  Government,  recognizing  that  the  system  of  levying 

lir-hm  and  other  dues  on  goods  at  the  place  of  production, 

i^^i^  /^**  ^  ii^  transit,  and  at  destination,  impedes  the  free  circula- 
be  discarded.  .  '  ,  .    .  ,      .  ^         , 

tion  of  conmaodities  and  injures  the  mterests  of  trade, 

hereby  undertake  to  discard  completely  those  means  of  raising  revenue 

with  the  limitation  mentioned  in  Section  8. 

The  British  Government,  in  return,  consent  to  allow  a  surtax  in  ex- 
cess of  the  Tariff  rates  for  the  time  being  in  force  to  be 
eign  impoTto  uid  imposed  on  foreign  goods  imported  by  British  subjects 
export  duty  and  a  surtax  in  addition  to  the  export  duty  on  Chinese 
*^**  produce  destined  for  export  abroad  or  coastwise. 

It  is  clearly  understood  that,  after  li-ldn  barriers  and  other  stations 
for  taxing  goods  in  transit  have  been  removed,  no  attempt  shall  be 
made  to  revive  them  in  any  form  or  under  any  pretext  whatsoever; 
that  in  no  case  shall  the  surtax  on  foreign  imports  exceed  the  equiva- 
lent of  one  and  a-half  times  the  import  duty  leviable  in  terms  of  the 
Final  Protocol  signed  by  China  and  the  Powers  on  the  7th  day  of 
September,  1901;  that  payment  of  the  import  duty  and  surtax  shall 

a  See  Japanese  Treaty  of  1903,  Art.  V,  and  U.  S.  Treaty  of  1903,  Art.  IX. 
6  See  Japanese  Treaty  of  1903,  Art.  I,  and  U.  a  Treaty  of  1903,  Art  IV. 


106      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOKEA. 

secure  for  foreign  imports,  whether  in^  the  hands  of  Chinese  or  non- 
Chinese  subject,  in  original  packages  or  otherwise,  complete  immunity 
from  all  other  taxation,  examination,  or  delay;  that  the  total  amount 
of  taxation  leviable  on  native  produce  for  export  abroad  shall,  under 
no  circumstances,  exceed  7i  per  cent,  ad  valorem. 

Keeping  these  fundamental  principles  steadily  in  view,  the  High 
Contracting  Parties  have  agreed  upon  the  following  methods  of  pro- 
cedure:— 

Section  1.  The  Chinese  Government  undertake  that  all  barriers  of 

whatsoever  kind,  collecting  li-kin  or  such  like  dues  or 

to  be  aboiiihed.       duties,  shall  be  permanently  abolished  on  all  roads, 

railways,  and  waterways  in  the  Eighteen  Provinces  of 

China  and  the  Three  Eastern  Provinces.     This  provision  does  not 

apply  to  the  Native  Custom-Houses  at  present  in  exist- 

xcep  ons.  ^^^^  ^^  ^^  seaboard  or  waterways,  at  Open  Ports,  on 

land  routes,  and  on  land  frontiers  of  China. 

Sec.  2.  The  British  Government  agree  that  foreign  goods  on  impor- 
tation, in  addition  to  the  effective  6  per  cent,  import 
tax.  ^^^  ^  *^'"  duty  as  provided  for  in  the  Protocol  of  1901,  shall  pay 
a  special  surtax  equivalent  to  one  and  a-half  times  the 
said  duty  to  compensate  for  the  abolition  of  li-kin^  of  transit  dues  in 
lieu  of  U-Jcin^  and  of  all  other  taxation  on  foreign  goods,  and  in  con- 
sideration of  the  other  reforms  provided  for  in  this  Article;  but  this 
provision  shall  not  impair  the  right  of  China  to  tax  salt,  native  opium, 
and  native  produce  as  provided  for  in  Sections  3,  5,  6,  and  8. 

The  same  amount  of  surtax  shall  be  levied  on  goods  imported  into 

.    ^  ,  the  Eighteen  Provinces  of  China  and  the  Three  Eastern 

Surtax   on    im-  ^        .  i      ,       ,  -  . 

porta     by     land  Provinces  across  the  land  frontiers  as  on  goods  enter- 

rontes.  j^g  C\An9,  by  sea. 

Sec.  3.  All  Native  Custom-Houses  now  existing,  whether  at  the 
Open  Ports,  on  the  seaboard,  on  rivers,  inland  water- 
cnstom-honseB.  ^*  ways,  land  routes  or  land  frontiers,  as  enumerated  in 
the  Hu  Pu  and  Kung  Pu  Tse  Li  (Regulations  of  the 
Boards  of  Revenue  and  Works)  and  Ta  ChHng  Hui  Tien  (Dynastic 
Institutes),  may  remain;  a  list  of  the  same,  with  their  location,  shall 
be  furnished  to  the  British  Government  for  purposes  of  record. 

Wherever  there  are  Imperial  Maritime  Custom-houses,  or  wherever 
such  may  be  hereafter  placed,  Native  Custom-Houses  may  be  also 
established,  as  well  as  at  any  points  either  on  the  seaboard  or  land 
frontiers. 

The  location  of  Native  Custom-Houses  in  the  Interior  may  be 
changed  as  the  circumstances  of  trade  seem  to  require,  but  any  change 
must  be  communicated  to  the  British  Government,  so  that  the  list  may 
be  corrected;  the  originally  stated  number  of  them  shall  not,  however, 
be  exceeded. 


TREATIES  AND  OOirVTENTIONS  WITH  CHINA  AND  KOREA.      107 

Goods  carried  by  junks  or  sailing-vessels  trading  to  or  from  Open 
Ports  shall  not  pay  lower  duties  than   the  combined 
duties  and  surtax  on  similar  cargo  carried  by  steamers. 
Native  produce,  when  transported  from  one  place  to  another  in  the 
Interior,  shall,  on  arrival  at  the  first  Native  Custom- 
^wS^n  nj^^    House  after  leaving  the  place  of  production,  pay  duty 
prodnee.  equivalent  to  the  export  surtax  mentioned   in  Sec- 

tion 7. 
When  this  duty  has  been  paid,  a  certificate  shall  be  given  which 
shall  describe  the  nature  of  the  goods,  weight,  number  of  packages, 
&c.,  amount  of  duty  paid,  and  intended  destination.  This  certificate, 
which  shall  be  valid  for  a  fixed  period  of  not  less  than  one  j^ear  from 
date  of  payment  of  duty,  shall  free  the  goods  from  all  taxation,  exam- 
ination, delay,  or  stoppage  at  any  other  Native  Custom-Houses  passed 
en  route. 

If  the  goods  are  taken  to  a  place  not  in  the  foreign  settlements  or 
concessions  of  an  Open  Port,  for  local  use,  they  become  there  liable  to 
the  Consumption  Tax  described  in  Section  8. 

If  the  goods  are  shipped  from  an  Open  Port,  the  certificate  is  to  be 

accepted  b}^  the  Custom-House  concerned  in  lieu  of  the  export  surtax 

mentioned  in  Section  7. 

»Tunks,  boats,  or  carts  shall  not  be  subjected  to  any  taxation  beyond 

a  small  and  reasonable  charge,  paid  periodically  at  a 

Ho  Bpeciai  tax  g^^^j  annual  rate.  This  does  not  exclude  the  riffht  to 
on  juiiKB)  DoatS)  or  ^ 

carts.  levy,  as  at  present,  tonnage  (Chuan  Chao)  and  port 

dues  (Chuan  Liao)  on  junks. 
Sec.  4.  Foreign  opium  duty  and  present  li-km — which  latter  will 
now  become  a  surtax  in  lieu  of  li-kin — shall  remain  as 
uty  on  op  urn.    pj-^yj^j^^j  f  ^j.  ^y  existing  treaties. 

Sec.  5.  The  British  Government  have  no  intention  whatever  of 
interfering  with  China's  right  to  tax  native  opium,  but  it  is  essential 
to  declare  that,  in  her  arrangements  for  levying  such  taxation,  China 
will  not  subject  other  goods  to  taxation,  dela}^,  or  stoppage. 

China  is  free  to  retain  at  important  points  on  the  borders  of  each 
province — either  on  land  or  water — offices  for  collecting  duty  on  native 
opium,  where  duties  or  contributions  leviable  shall  be  paid  in  one 
lump  sum;  which  payment  shall  cover  taxation  of  all  kinds  within 
that  province.  Each  cake  of  opium  will  have  a  stamp  affixed  as  evi- 
dence of  duty  payment.  Excise  officers  and  police  may  be  emploj^ed 
in  connection  with  these  offices;  but  no  barriers  or  other  obstructions 
are  to  be  erected,  and  the  Excise  officers  or  police  of  these  offices  shall 
not  stop  or  molest  any  other  kinds  of  goods,  or  collect  taxes  thereon. 

A  list  of  these  offices  shall  be  drawn  up  and  conmiunicated  to  the 
British  Government  for  record. 


108     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

Sec.  6.  lArhin  on  salt  is  hereby  abolished  and  the  amount  of  said 

^  ,^  ^  li-kin  and  of  other  taxes  and  contributions  shall  be 

added  to  the  salt  duty,  which  shall  be  collected  at  place 
of  production  or  at  first  station  after  entering  the  province  where  it  is 
to  be  consumed. 

The  Chinese  Government  shall  be  at  liberty  to  establish  salt  report- 
ing oflBices  at  which  boats  conveying  salt  which  is  being  moved  under 
salt  passes  or  certificates  may  be  required  to  stop  for  purposes  of 
examination,  and  to  have  their  certificates  vised^  but  at  such  offices  no 
U-Jcin  or  transit  taxation  shall  be  levied  and  no  barriers  or  obstructions 
of  any  kind  shall  be  erected. 

Sec.  7.  The  Chinese  Government  may  recast  the  Export  Tarifl'  with 

specific  duties,  as  far  as  practicable,  on  a  scale  not 

m^be  reoaiV        exceeding  5  per  cent,  ad  vaZorefu;  but  existing  export 

duties  shall  not  be  raised  until  at  least  six  months' 

notice  has  been  given. 

In  cases  where  existing  export  duties  are  above  6  per  cent,  they  shall 
be  reduced  to  not  more  than  that  rate. 

An  additional  special  surtax  of  one  half  the  e^^rt  duty  payable  for 
the  time  being,  in  lieu  of  internal  taxation  and  li-Jcin^  may  be  levied 
at  time  of  export  on  goods  exported  either  to  foreign  countries  or 
coastwise. 

In  the  case  of  silk,  whether  hand  or  filature  reeled,  the  total  export 
duty  shall  not  exceed  a  specific  rate  equivalent  to  not 
dnty^n  iiik*^**'  more  than  5  per  cent,  ad  valorem.  Half  of  this  spe- 
cific duty  may  be  levied  at  the  first  Native  Custom- 
House  in  the  interior  which  the  silk  may  pass,  and  in  such  case  a 
certificate  shall  be  given  as  provided  for  in  section  3,  and  will  be 
accepted  by  the  Custom-House  concerned  at  place  of  export  in  lieu  of 
half  the  export  duty.  Cocoons  passing  native  Custom-Houses  shall 
be  liable  to  no  taxation  whatever.  Silk  not  exported,  but  consumed 
in  China,  is  liable  to  the  consumption  tax  mentioned,  and  under  condi- 
tions mentioned,  in  section  8. 

Sec.  8.  The  abolition  of  the  li-Mn  system  in  China,  and  the  aban- 
donment of  all  other  kinds  of  internal  taxation  on  f  or- 
^^onsump  on  ^.^^  imports  and  on  exports,  will  diminish  the  revenue 
materially.  The  surtax  on  foreign  imports  and  exports 
and  on  coastwise  exports  is  intended  to  compensate  in  a  measure  for 
this  loss  of  revenue,  but  there  remains  the  loss  of  li-ki7i  revenue  on 
internal  trade  to  be  met,  and  it  is  therefore  agreed  that  the  Chinese 
Government  are  at  liberty  to  impose  a  Consmnption  Tax  on  articles  of 
Chinese  origin  not  intended  for  export. 

This  tax  shall  be  levied  only  at  places  of  consumption,  and  not  on 
goods  while  in  transit,  and  the  Chinese  Government  solemnly  under- 
take that  the  arrangements  which  they  may  make  for  its  collection 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      109 

shall  in  no  way  interfere  with  foreign  goods  or  with  native  goods  for 
export.  The  fact  of  goods  being  of  foreign  origin  shall  of  itself  free 
them  from  all  taxation,  delay,  or  stoppage  after  having  passed  the 
Custom-House. 

Foreign  goods  which  bear  a  similarity  to  native  goods  shall  be  fur- 
nished by  the  Custom-House,  if  required  by  the  owner,  with  a  pro- 
tective certificate  for  each  package,  on  payment  of  import  duty  and 
surtax,  to  prevent  the  risk  of  any  dispute  in  the  Interior. 

Native  goods  brought  by  junks  to  Open  Ports,  if  intended  for  local 
consumpton — irrespective  of  the  nationality  of  the  owner  of  the 
goods — shall  be  reported  at  the  Native  Custom-House  only,  where  the 
consumption  tax  may  be  levied. 

China  is  at  liberty  to  fix  the  amount  of  this  (consumption)  tax,  which 
may  vary  according  to  the  nature  oij  the  merchandise  concerned,  that 
is  to  say,  according  as  the  articles  are  necessaries  of  life  or  luxuries; 
but  it  shall  be  levied  at  a  unif onn  rate  on  goods  of  the  same  descrip- 
tion, no  matter  whether  carried  by  junk,  sailing-vessel,  or  steamer. 
As  mentioned  in  Section  3,  the  Consumption  Tax  is  not  to  be  levied 
within  foreign  settlements  or  concessions. 

Sec.  9.  An  excise  equivalent  to  double  the  import  duty  as  laid  down 

-,    .  in  the  Protocol  of  1901  is  to  be  charged  on  all  machine- 

£xcii6   on   na-  ^. 

ehine-made  prod-  made  yarn  and  cloth  manufactured  in  China,  whether 
'***■•  by  foreigners  at  the  Open  Ports  or  by  Chinese  any- 

where in  China. 

A  rebate  of  the  import  duty  and  two-thirds  of  the  Import  Surtax  is 
to  be  given  on  raw  cotton  imported  from  foreign  countries,  and  of  all 
duties,  including  Consumption  Tax,  paid  on  Chinese  raw  cotton  used 
in  mills  in  China. 

Chinese  machine-made  yarn  or  cloth  having  paid  excise  is  to  be  free 
of  Export  Duty,  Export  Surtax,  Coast-Trade  Duty,  and  Consumption 
Tax.  This  Excise  is  to  be  collected  through  the  Imperial  Maritime 
Customs. 

The  same  principle  and  procedure  are  to  be  applied  to  all  other 
products  of  foreign  type  turned  out  by  machinery,  whether  by  for- 
eigners at  the  Open  Ports  or  by  Chinese  anywhere  in  China. 

This  stipulation  is  not  to  apply  to  the  outturn  of  the  Hanyang  and 
Ta  Yeh  Iron  Works  in  Hupeh  and  other  similar  existing  Government 
works  at  present  exempt  from  taxation;  or  to  that  of  Arsenals,  Gov- 
ernment Dockyards,  or  establishments  of  that  nature,  for  Government 
purposes  which  may  hereafter  be  erected. 

Sec.  10.  A  member  or  members  of  the  Imperial  Maritime  Customs 

staff  in  -    ^^^^^g**  S^^  ^^^^^  ^®  selected  by  each  of  the  Govern- 

tion  with  Native  ors-General  and  Governors,  and  appointed,  in  consul- 
(hutoms  Affiiira.  tation  with  the  Inspector-Geneiul  of  Imperial  Maritime 
Customs  to  each  province  for  duty  in  connection  with  Native  Customs 


110     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Affairs,  Consumption  Tax,  Salt,  and  Native  Opium  Taxes.  These 
oflBicers  shall  exercise  an  efficient  supervision  of  the  working  of  these 
departments,  and  in  the  event  of  their  reporting  any  case  of  abuse^ 
illegal  exaction,  obstruction  to  the  movement  of  goods,  or  other  cause 
of  complaint,  the  Governor-General  or  Governor  concerned  will  take 
immediate  steps  to  put  an  end  to  same. 

Sec.  11.  Cases  where  illegal  action  as  described  in  this  Article  is 
complained  of  shall  be  promptly  investigated  by  an 
com  Ui^to*^"'"'*'  officer  of  the  Chinese  Government  of  sufficiently  high 
rank,  in  conjunction  with  a  British  officer  and  an  offi- 
cer of  the  Imperial  Maritime  Customs,  each  of  sufficient  standing; 
and  in  the  event  of  its  being  found  by  a  majority  of  the  investigating 
officers  that  the  complaint  is  well  founded,  and  loss  has  been  incurred, 
due  compensation  is  to  be  at  once  paid  from  the  Surtax  funds,  through 
the  Imperial  Maritime  Customs  at  the  nearest  open  port.  The  High 
Provincial  Officials  are  to  be  held  responsible  that  the  officer  guilty  of 
the  illegal  action  shall  be  severely  punished  and  removed  from  his 
post. 

If  the  complaint  turns  out  to  be  without  foundation,  complainant 
shall  be  held  responsible  for  the  expenses  of  the  investigation. 

His  Britannic  Majesty's  Minister  will  have  the  right  to  demand 
investigation  where,  from  the  evidence  before  him,  he  is  satisfied  that 
illegal  exactions  or  obstructions  have  occurred. 

Sec.  12.  The  Chinese  Government  agree  to  open  to  foreign  trade, 

-  _    on  the  same  footing  as  the  places  opened  to  foreign 

ed  to  foreign  trade  by  the  Treaties  of  Nanking  and  Tien-tsin,  the 
^***'  following  places,  namely: — 

Ch'angsha,  in  Hunan; 
Wanhsien,  in  Szechuen; 
Nganking,  in  Anhui; 

Waichow  (Hui-chow),  in  Kuangtung;  and 
Kongmoon  (Chiang-mfin),  in  Kuangtung. 

Foreigners  residing  in  these  Open  Ports  are  to  observe  the  Muni- 
cipal and  Police  Regulations  on  the  same  footing  as  Chinese  residents, 
and  they  are  not  to  be  entitled  to  establish  Municipalities  and  Police 
of  their  own  within  the  limits  of  these  Treaty  ports,  except  with  the 
consent  of  the  Chinese  authorities. 

If  this  Article  does  not  come  into  operation,  the  right  to  demand 
under  it  the  opening  of  these  ports,  with  the  exception  of  Kongmoon, 
which  is  provided  for  in  Article  X,  shall  lapse. 

Sec.  13.  Subject  to  the  provisions  of  Section  14,  the  arrangements 

^  .  ,..  V    provided  for  in  this  Article  are  to  come  into  force  on 

Bate    on  which    \     ^       ^  ^^^, 

proTiiionB     come    the  1st  January,  1904. 

into  force.  By  that  date  all  ll-kin  barriers  shall  be  removed, 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      Ill 

and  oflScials  employed  in  the  collection  of  taxes  and  dues  prohibited 

by  this  Article  shall  be  removed  from  their  posts. 

Sec.  14.  The  condition  on  which  the  Chinese  Government  enter 

^    3.^  into  the  present  enefacfement  is  that  all  Powers  entitled 

Gonditioiis      on  *■  o  « 

which  provi»ioM  to  most-f  avoured-nation  treatment  in  China  enter  into 
become  operative,  ^jj^  same  engagements  as  Great  Britain  with  regard  to 
the  payment  of  suitaxes  and  other  obligations  imposed  by  this  Article 
on  His  Britannic  Majesty's  Government  and  subjects. 

The  conditions  on  which  His  Britannic  Majesty's  Government  enter 
into  the  present  engagement  are — 

(1.)  That  all  Powers  who  are  now  or  who  may  hereafter  become 
entitled  to  most-favoured-nation  treatment  in  China  enter  into  the  same 
engagements; 

(2.)  And  that  their  assent  is  neither  directly  nor  indirectly  made 
dependent  on  the  granting  by  China  of  any  political  concession,  or  of 
any  exclusive  commercial  concession. 

Section  16.  Should  the  Powers  entitled  to  most-favoured-nation 
treatment  by  China  have  failed  to  agree  to  enter  into  the  engagements 
undertaken  by  Great  Britain  under  this  Article  by  the  1st  January, 
1904,  then  the  provisions  of  the  Article  shall  only  come  into  force  when 
all  the  Powers  have  signified  their  acceptance  of  these  engagements. 

Section  16.  When  the  abolition  of  li-Jcln  and  other  forms  of  internal 
-  ^^*^*'^^^  ^"  goods  as  provided  for  in  this  Article  has 
▼iiione  are  put  in  been  decided  upon  and  sanctioned,  an  Imperial  Edict 
^^^'  *  shall  be  published  indue  form  on  yellow  paper  and 

circulated,  setting  forth  the  abolition  of  all  U-hin  taxation,  li-Mn  bar- 
riers and  all  descriptions  of  internal  taxation  on  goods,  except  as 
provided  for  in  this  Article. 

The  Edict  shall  state  that  the  Provincial  High  Officials  are  respon- 
sible that  any  official  disregarding  the  letter  or  spirit  of  its  injunction 
shall  be  severely  punished  and  removed  from  his  post. 

Article  IX.« 

The  Chinese  Government,  recognizing  that  it  is  advantageous  for 
the  country  to  develop  its  mineral  resources,  and  that 
^^^^^^  opmen  o  .^  .^  desirable  to  attract  foreign  as  well  as  Chinese 
capital  to  embark  in  mining  enterprises,  agree  within 
one  year  from  the  signing  of  this  Treaty  to  initiate  and  conclude  the 
revision  of  the  existing  Mining  Regulations.  China  will,  with  all 
expedition  and  earnestness,  go  into  the  whole  question  of  Mining 
Rules,  and,  selecting  from  the  rules  of  Great  Britain,  India,  and 
other  countries  regulations  which  seem  applicable  to  the  condition 
of  China,  she  will  recast  her  present  Mining  Rules  in  such  a  way  as, 
while  promoting  the  interests  of  Chinese  subjects  and  not  injuring 

«See  U.  8.  Treaty  of  1903,  Art.  VII. 


112     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

in  any  way  the  sovereign  rights  of  China,  shall  offer  no  impediment 
to  the  attraction  of  foreign  capital  or  place  foreign  capitalists  at  a 
greater  disadvantage  than  they  would  be  under  generally-accepted 
foreign  Regulations. 

Any  mining  concession  granted  after  the  publiration  of  these  new 
Rules  shall  be  subject  to  their  provisions. 

Article  X.<* 

Whereas  in  the  year  1898  the  Inland  Waters  of  China  were  opened 

to  all  such  steam  vessels,  native  or  foreign,  as  might 
Inland  ^*teii    "     be  especially  registered  for  that  trade  at  the  Treaty 

ports,  and  whereas  the  Regulations  dated  the  28tii 
July,  1898,  and  Supplementary  Rules  dated  September  1898,  have 
been  found  in  some  respects  inconvenient  in  working,  it  is  now  mutu- 
ally agreed  to  amend  them  and  to  annex  such  new  Rules  to  this  Treaty. 
These  Rules  shall  remain  in  force  until  altered  by  mutual  consent. 
It  is  further  agreed  that  Kongmoon  shall  be  opened  as  a  Treaty 

Port,  and  that,  in  addition  to  the  places  named  in  the 
d*^rti  of^      special  Article  of  the  Burmah  Convention  of  the  4th 

February,  1897,  British  steamers  shall  be  allowed  to 
land  or  ship  cargo  and  passengers,  under  the  same  regulations  as 
apply  to  the  "  Ports  of  Call"  on  the  Yang-tsze  River,  at  the  following 
"Ports  of  Call":  Pak  Tau  Hau  (Pai-t'u  k'ou),  Lo  Ting  Hau  (Lo  ting 
k'ou),  and  Do  Sing  (Tou-ch'gng);  and  to  land  or  discharge  passengers 
at  the  following  ten  passenger  landing  stages  on  the"  West  River: — 
Yung  Ki  (Jung-chi),  Mah  Ning  (Ma-ning),  Kau  Kong  (Chiu-chiang), 
Kulow  (Ku-lao),  Wing  On  (Yung-an),  How  Lik  (Hou-li),  Luk  Pu 
(Lu-pu),  Yuet  Sing  (Yueh-ch'eng),  Luk  To  (Lu-tu),  and  Fung  Chuea 
(Ffing-ch'uan). 

Article  XI.* 

His  Britannic  Majesty's  Government  agree  to  the  prohibition  of  the 
general  importation  of  morphia  into  China,  on  condi- 
belSSSStSd!''^*  ^  *^^°'  however,  that  the  Chinese  Government  will  aUow 
of  its  importation,  on  payment  of  the  Tariff  import 
duty  and  under  special  permit,  by  duly  qualified  British  medical  prac- 
titioners and  for  the  use  of  hospitals,  or  by  British  chemists  and  drug- 
gists who  shall  only  be  permitted  to  sell  it  in  small  quantities  and  on 
receipt  of  a  requisition  signed  by  a  duly  qualified  foreign  medical 
practitioner. 

The  special  permits  above  referred  to  will  be  granted  to  an  intend- 
ing importer  on  his  signing  a  bond  before  a  British  Consul  guarantee- 

oSee  Japanese  Treaty  of  1903,  Art  III,  and  U.  8.  Treaty  of  1903,  Art.  XII.  The 
Begulations  and  Supplementary  Rules  referred  to  are  published  m  Brii,  and  For. 
Suae  Papers,  XC,  431-434. 

6See  U.  S.  Treaty,  1903,  Art  XVI. 


TBEAT1E8  AND  0ONVENTION8  WITH  CHINA  AND  KOREA.      113 

ing  the  fulfilment  of  these  conditions.  Should  an  importer  be  found 
guilty  before  a  British  Consul  of  a  breach  of  his  bond,  he  will  not  be 
entitled  to  take  out  another  permit.  Any  British  subject  importing 
morphia  without  a  permit  shall  be  liable  to  have  such  morphia 
confiscated. 

This  Article  will  come  into  operation  on  all  other  Treatj"  Powers 
agreeing  to  its  conditions,  but  any  morphia  actually  shipped  before 
that  date  will  not  be  affected  by  this  prohibition. 

The  Chinese  Government,  on  their  side,  undertake  to  adopt  meas- 
ures at  once  to  prevent  the  manufacture  of  morphia  in  China. 

Article  XII.  ^ 

China  having  expressed  a  strong  desire  to  reform  her  judicial  sys- 
tem and  to  bring  it  into  accord  with  that  of  Western 
to  Mi?"^^'^^*^  nations,  Great  Britain  agrees  to  give  every  assistance 
to  such  reform,  and  she  will  also  be  prepared  to  relin- 
quish her  extra-territorial  rights  when  she  is  satisfied  that  the  state  of 
the  Chinese  laws,  the  arrangement  for  their  administration,  and  other 
considerations  warrant  her  in  so  doing. 

Article  XIII. 

The  missionary  question  in  China   being,   in  the  opinion  of   the 

„       .   .      ,  Chinese  Government,  one  requirincf  careful  considera- 

Commigsion  for  .                ,         .-           .,  ,               ii             i         i                           i 

itudy  of  misBion-  tion,  SO  that,  if  possible,  troubles  such  as  have  occurred 

ary  qnestion.  j^j  ^j^^  p^g^  jj^^y  ^^  averted  in  the  future.  Great  Britain 

agi'ees  to  join  in  a  Commission  to  invastigate  this  question,  and,  if  pos- 
sible, to  devise  means  for  securing  permanent  peace  between  converts 
and  non-converts,  should  such  a  Commission  be  formed  by  China  and 
the  Treaty  Powers  interested 

Article  XIV. 

Whereas  under  Rule  V  appended  to  the  Treaty  of  Tien-tsin  of  1858 
British  merchants  are  permitted  to  export  rice  and  all 

Exportation  of  Q^her  grain  from  one  port  of  China  to  another  under 
the  same  conditions  in  respect  of  security  as  copper 
"cash,"  it  is  now  agreed  that  in  cases  of  expected  scarcity  or  famine, 
from  whatsoever  cause,  in  any  district,  the  Chinese  Government  shall, 
on  giving  twenty-one  days'  notice,  be  at  liberty  to  prohibit  the  ship- 
ment of  rice  and  other  grain  from  such  district. 

Should  any  vessel  specially  chartered  to  load  rice  or  gmin  previously 
contracted  for,  have  arrived  at  her  loading  port  prior  to  or  on  the 
day  when  a  notice  of  prohibition  to  export  comes  into  force  she  shall 
bo  allowed  an  extra  week  in  which  to  ship  her  cargo. 

a  See  Japanese  Treaty  of  1903,  Art.  XI,  and  V.  S.  Treaty  of  1903,  Art.  XV. 
27938—04 8 


114     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

If,  during  the  existence  of  this  prohibition,  any  shipment  of  rice  or 
grain  is  allowed  by  the  authorities,  the  prohibition  shall,  ipsofacto^  be 
considered  cancelled,  and  shall  not  be  reimposed  until  six  weeks' 
notice  has  been  given. 

When  a  prohibition  is  notified,  it  will  be  stated  whether  the  Govern- 
ment have  any  Tribute  or  Army  Rice  which  they  intend  to  ship  during 
the  time  of  prohibition,  and,  if  so,  the  quantity  shall  be  named. 

Such  rice  shall  not  be  included  in  the  prohibition,  and  the  Customs 
shall  keep  a  record  of  any  Tribute  or  Army  Rice  so  shipped  or 
landed. 

The  Chinese  Government  undertake  that  no  rice,  other  than  Tribute 
or  Army  Rice  belonging  to  the  Government,  shall  be  shipped  during 
the  period  of  prohibition. 

Notifications  of  prohibitions  and  of  the  quantities  of  Army  or 
Tribute  Rice  for  shipment  shall  be  made  by  the  Governors  of  the 
provinces  concerned. 

Similarly,  notifications  of  the  removals  of  prohibitions  shall  be 
made  by  the  same  authorities. 

The  export  of  rice  and  other  grain  to  foreign  countries  remains 
prohibited. 

Article  XV. « 

It  is  agreed  that  either  of  the  High  Contracting  Parties  to  this 
Treaty  may  demand  a  revision  of  the  Tariflf  at  the  end 
viBion  0  n  .  ^^  ^^  years;  but  if  no  demand  be  made  on  either  side 
within  six  months  after  the  end  of  the  first  ten  years,  then  the  Tariflf 
shall  remain  in  force  for  ten  years  more,  reckoned  from  the  end  of  the 
preceding  ten  years,  and  so  it  shall  be  at  the  end  of  each  successive  ten 
years. 

Any  Tariff  concession  which  China  may  hereafter  accord  to  articles 

of   the  produce   or  manufacture  of  any  other  State 

ti'iur  '"to'nt'^"    ^^^^  immediately  be  extended  to  similar  articles  of  the 

produce  or  manufacture  of  His  Britannic  Majesty's 

Dominions  by  whomsoever  imported. 

Treaties  already  existing  between  the  United  Kingdom  and  China 
shall  continue  in  force  in  so  far  as  they  are  not  abrogated  or  modified 
by  stipulations  of  the  present  Treaty. 

Article  XVI. 

The  English  and  Chinese  Texts  of  the  present  Treaty  have  been 
carefully  compared,  but  in  the  event  of  there  being 

ih^if^^^***'^"  ^^y  difference  of  meaning  between  them,  the  sense  as 
expressed  in  the  English  text  shall  be  held  to  be  the 

correct  sense. 

«See  Japanese  Treaty  of  1903,  Arts.  I  and  IX,  and  U.  S.  Treaty  of  1903,  Arte.  V 
and  XVII. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      115 

The  ratifications  of  this  Treaty,  under  the  hand  of  His  Majesty  the 
King  of  Great  Britain  and  Ireland  and  of  His  Majesty  the  Emperor  of 
China  respectively,  shall  be  exchanged  at  Peking  within  a  year  from 
this  day  of  signature. 

In  token  whereof  the  respective  Plenipotentiaries  have  signed  and 
sealed  this  Treaty — two  copies  in  English  and  two  in  Chinese. 

Done  at  Shanghae,  this  5th  day  of  September,  in  the  year  of  our 
Lord  1902,  corresponding  with  the  Chinese  date  the  4th  day  of  the  8th 
moon  of  the  28th  year  of  Kwang  Hsii. 

[l.  s.]  Jas.  L.  Maokay. 

(Signature  of  his  Excellency  Lii  Hai-huan.) 
(Signature  of  his  Excellency  ShSng  Hsuan-huai.) 

(Seal  of  the  Chinese  Plenipotentiaries.) 


Annex  A  (1). 

[Translation.] 

LtJ,  President  of  the  Board  of  Works; 

Sheng,  Junior  Guardian  of  the  Heir- Apparent,  Vice-President  of  the 
Board  of  Works; 

Imperial  Chinese  Conmiissioners  for  dealing  with  the  questions 
connected  with  the  Commercial  Treaties;  to 
Sir  James  Mackay,  His  Britannic  Majesty's  Special  Commissioner 
for  the  discussion  of  Treaty  matters. 

Shanghae,  K.  H.  xxviii,  ItK  tnoon^  11th  day. 

(Received  August  15,  1902). 
We  have  the  honour  to  inform  you  that  we  have  received  the  fol- 
lowing telegram  from  his  Excellency  Liu,  Governor-General  of  the 
Liang  Chiang,  on  the  subject  of  clause  2,  mutually  agreed  upon  by 
us: — 

''As  regards  this  clause,  it  is  necessary  to  insert  therein  a  clear  stip- 
ulation to  the  effect  that,  no  matter  what  changes  may  take  place 
in  the  future,  all  customs  duties  must  continue  to  be  calculated  on  the 
basis  of  the  existing  higher  rate  of  the  Haikwan  tael  over  the  Treas- 
ury tael,  and  that  the  'touch'  and  weight  of  the  former  must  be  made 
good." 

As  we  have  already  arranged  with  you  that  a  declaration  of  this 
kind  should  be  embodied  in  an  official  Note,  and  form  an  annex  to 
to  the  present  Treaty,  for  purposes  of  record,  we  hereby  do  ourselves 
the  honour  to  make  .this  communication. 

(Seal  of  the  Imperial  Commissioners  for  dealing  with 
questions  connected  with  Treaty  Revision.) 


116   TREATIES  AND  OONVENT!IONS  WITH  CHINA  AND  KOREA. 

Annex  A  (2). 

Shanghae,  August  18^  1902. 

Gentlemen:  I  have  the  honour  to  acknowledge  the  receipt  of  your 
despatch  of  the  14th  instant,  forwarding  copy  of  a  telegram  from  his 
Excellency  Liu,  Governor-General  of  the  Liang  Chiang,  on  the  sub- 
ject of  Article  II  of  the  new  Treaty,  and,  in  reply,  I  have  the  honour 
to  state  that  his  Excellency's  understanding  of  the  Article  is  perfectly 
correct. 

I  presume  the  Chinese  Government  will  make  arrangements  for  the 
coinage  of  a  national  silver  coin  of  such  weight  and  touch  as  may  be 
decided  upon  by  them.  These  coins  will  be  made  available  to  the 
public  in  return  for  a  quantity  of  silver  bullion  of  equivalent  weight 
and  fineness,  plus  the  usual  mintage  charge. 

The  coins,  which  will  become  the  national  coinage  of  China,  will  be 
declared  by  the  Chinese  Government  to  be  legal  tender  in  payment  of 
Customs  duty  and  in  discharge  of  obligations  contracted  in  Haikwan 
taels,  but  only  at  their  proportionate  value  to  the  Haikwan  tael,  what- 
ever that  may  be. 
I  have,  &c. 

(Signed)  Jas.  L.  Maokat. 

Their  Excellencies  LC  Hai-huan  and  SnliNG  HsOan-huai,  &c.,  &c.,  &c. 


Annex  B  (1). 

[Translation.] 

LC,  President  of  the  Board  of  Works; 

Sh&ng,  Junior  Guardian  of   the   Heir-Apparent,  Vice-President  of 
Board  of  Works; 

Imperial  Chinese   Commissioners  for  dealing   with  questions 
connected  with  the  Commercial  Treaties;  to 
Sir  James  L.  Mackat,  His  Britannic  Majesty's  Special  Commissioner. 

Shanghae,  Septemher  ^,  1902. 

We  have  the  honour  to  inform  you  that  on  the  22nd  August  we,  in 
conjunction  with  the  Governors-General  of  the  Liang  Chiang  and  the 
Hu-kuang  Provinces,  their  Excellencies  Liu  and  Chang,  addressed  the 
following  telegraphic  Memorial  to  the  Throne: — 

*'0f  the  revenue  of  the  diflferent  provinces  derived  ivova  li-kin  ot 
all  kinds,  a  portion  is  appropriated  for  the  services  of  the  foreign 
loans,  a  portion  for  the  Peking  Government,  and  the  balance  is  reserved 
for  the  local  expenditure  of  the  provinces  concerned. 

''  In  the  negotiations  now  being  conducted  with  Great  Britain  for 
the  amendment  of  the  Commercial  Treaties,  a  mutual  arrangement  has 
been  come  to  providing  for  the  imposition  of  additional  taxes,  in  com- 
pensation for  the  abolition  of  all  kinds  of  li-kin  and  other  imposts  on 
goods  prohibited  by  Article  VIII.     After  payment  of  interest  and 


TREATIES  AND  OOIHrENTlONS  WITH  OHINA  AND  KOREA.      117 

sinking  fund  on  the  existing  foreign  loan  to  the  extent  to  which  ll-hin 
is  thereto  pledged,  these  additional  taxes  shall  be  allocated  to  the  vari- 
ous provinces  to  make  up  deficiencies  and  replace  revenue,  in  order 
that  no  hardships  may  be  entailed  on  them.  With  a  view  to  preserv- 
ing the  original  intention  underlying  the  proposal  to  increase  the  duties 
in  compensation  for  the  loss  of  revenue  derived  from  li-Jdn  and  other 
imposts  on  goods,  it  is  further  stipulated  that  the  surtaxes  shall  not  be 
appropriated  for  other  purposes,  shall  not  form  part  of  the  Imperial 
Maritime  Customs  revenue  proper,  and  shall  in  no  case  be  pledged  as 
security  for  any  new  foreign  loan. 

"It  is  therefore  necessary  to  memorialize  for  the  issue  of  an  Edict, 
giving  effect  to  the  above  stipulations  and  directing  the  Board  of 
Revenue  to  find  out  what  proportion  of  the  provincial  revenues  derived 
from  li'Jdn  of  all  kinds,  now  about  to  be  abolished,  each  Province  has 
hitherto  had  to  remit,  and  what  proportion  it  has  been  entitled  to 
retain,  so  that,  when  the  Article  comes  into  operation,  due  apportion- 
ment may  be  made  accordingly,  thus  providing  the  provinces  with 
funds  available  for  local  expenditure,  and  displaying  equitable  and 
just  treatment  towards  all." 

On  the  1st  instant  an  Imperial  Decree  ''Let  action,  as  requested,  be 
taken "  was  issued,  and  we  now  do  ourselves  the  honour  reverently  to 
transcribe  the  same  for  your  information. 

(Seal  of  the  Imperial  Commissioners  for  dealing 
with  questions  connected  with  Treaty  Revision.) 


Annex  B  (2). 

Shanghae,  September  5,  1902, 
Gentlemen, 

I  have  the  honour  to  acknowledge  the  receipt  of  your  despatch  of 
the  2nd  instant  forwarding  the  text  of  the  Memorial  and  Decree 
dealing  with  the  disposal  of  the  surtaxes. 

I  understand  that  the  surtaxes,  in  addition  to  not  being  pledged  for 
any  new  foreign  loan,  are  not  to  be  pledged  to,  or  held  to  be  security 
for,  liabilities  already  contracted  by  China  except  in  so  far  as  li-Tcin 
revenue  has  already  been  pledged  to  an  existing  loan. 

I  also  understand  from  the  Memorial  that  the  whole  of  the  surtaxes 
provided  by  Article  VIII  of  the  New  Treaty  goes  to  the  Provinces  in 
proportions  to  be  agreed  upon  between  them  and  the  Board  of  Reve- 
nue, but  that  out  of  these  surtaxes  each  Province  is  obliged  to  remit 
to  Peking  the  same  contribution  as  that  which  it  has  hitherto  remitted 
out  of  its  li'Tdn  collections,  and  that  the  Provinces  also  provide  as 
hitherto  out  of  these  surtax  funds  whatever  may  be  necessary  for  the 
service  of  the  foreign  loan  to  which  li-lcin  is  partly  pledged. 

I  hope  your  Excellencies  will  send  me  a  reply  to  this  despatch,  and 


118     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

that  you  will  agree  to  this  correspondence  forming  part  of  the  Treaty 
as  an  Annex. 

I  have,  &c. 

(Signed)  Jas.  L.  Maokay. 

Their  Excellencies   LtJ  Hai-huan  and  Sh&no  HsCan-huai,  &c., 
&c.,  &c. 


Annex  B  (3). 

[Translation.] 

LC,  President  of  the  Board  of  Works; 

SnfeNG,  Junior  Guardian  of  the  Heir- Apparent,  Vice-President  of  the 

Board  of  Works; 
Imperial  Chinese  Ck)mmissioners  for    dealing  with    questions 

connected  with  the  Commercial  Treaties;  to 
Sir  James  L.  Maokay,  His  Britannic  Majesty's  Special  Commissioner. 

Shanohae,  September  5,  190^. 

We  have  the  honour  to  acknowledge  the  receipt  of  your  communi- 
cation of  to-day's  date  with  regard  to  the  allocation  of  the  surtax 
funds  allotted  to  the  Provinces,  and  to  inform  you  that  the  views 
therein  expressed  are  the  same  as  our  own. 

We  would,  however,  wish  to  point  out  that,  were  the  whole  amount 
of  the  allocation  due  paid  over  to  the  Provinces,  unnecessary  expense 
would  be  incurred  in  the  retransmission  by  them  of  such  portions 
thereof  as  would  have  to  be  remitted  to  Peking  in  place  of  the  contri- 
butions hitherto  payable  out  of  li-kin  revenue.  The  amount,  there- 
fore, of  the  allocation  due  to  the  Provinces,  arranged  between  them 
and  the  Board  of  Revenue,  will  be  retained  in  the  hands  of  the  Mari- 
time Customs,  who  will  await  the  instructions  of  the  provinces  in 
regard  to  the  remittance  of  such  portion  thereof  as  may  be  necessary 
to  fulfil  their  obligations,  and  (on  receipt  of  these  instructions)  will 
send  forward  the  amount  direct.  The  balance  will  be  held  to  the  order 
of  the  Provinces. 

In  so  far  as  li-ldn  is  pledged  to  the  service  of  the  1898  loan,  a 
similar  method  of  procedure  will  be  adopted. 

As  you  request  that  this  correspondence  be  annexed  to  the  Treaty, 
we  have  the  honour  to  state  that  we  see  no  objection  to  this  being  done. 

(Seal  of  the  Imperial  Commissioners  for  dealing 
with  questions  connected  with  Treaty  Revision.) 


Annex  C. 

inland  WATERS  STEAM  NAVIGATION. 
Additional  Rules. 

1.  British  steam-ship  owners  are  at  liberty  to  lease  warehouses  and 
jetties  on  the  banks  of  waterways  from  Chinese  subjects  for  a  term 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      119 

not  exceeding  twenty-five  years,  with  option  of  renewal  on  terms  to 
be  mutually  arranged.  In  cases  where  British  merchants  are  unable 
to  secure  warehouses  and  jetties  from  Chinese  subjects  on  satisfactory 
terms,  the  local  officials,  after  consultation  with  the  Minister  of  Com- 
merce, shall  arrange  to  provide  these  on  renewable  lease,  as  above 
mentioned,  at  current  equitable  rates. 

2.  Jetties  shall  only  be  erected  in  such  positions  that  they  will  not 
obstruct  the  inland  waterway  or  interfere  with  navigation,  and  with 
the  sanction  of  the  nearest  Commissioner  of  Customs;  such  sanction, 
however,  shall  not  be  arbitrarily  withheld. 

3.  British  merchants  shall  pay  taxes  and  contributions  on  these 
warehouses  and  jetties  on  the  same  footing  as  Chinese  proprietors  of 
similar  properties  in  the  neighbourhood.  British  merchants  may  only 
employ  Chinese  agents  and  staff  to  reside  in  warehouses  so  leased  at 
places  touched  at  by  steamers  engaged  in  inland  traffic  to  carry  on 
their  business;  but  British  merchants  may  visit  these  places  from  time 
to  time  to  look  after  their  affairs.  The  existing  rights  of  Chinese 
jurisdiction  over  Chinese  subjects  shall  not  by  reason  of  this  clause 
be  diminished  or  interfered  with  in  any  way. 

4.  Steam-vessels  navigating  the  inland  waterways  of  China  shall  be 
responsible  for  loss  caused  to  riparian  proprietors  by  damage  which 
they  may  do  to  the  banks  or  works  on  them,  and  for  the  loss  which 
may  be  caused  by  such  damage.  In  the  event  of  China  desiring  to 
prohibit  the  use  of  some  particular  shallow  waterway  by  launches, 
because  there  is  reasoir  to  fear  that  the  use  of  it  by  them  "would  be 
likely  to  injure  the  banks  and  cause  damage  to  the  adjoining  country, 
the  British  authorities,  when  appealed  to,  shall,  i£  satisfied  of  the 
validity  of  the  objection,  prohibit  the  use  of  that  waterway  by  British 
launches,  provided  that  Chinese  launches  are  also  prohibited  from 
using  it. 

Both  foreign  and  Chinese  launches  are  prohibited  from  crossing 
dams  and  weirs  at  present  in  existence  on  inland  watei-ways  where 
they  are  likely  to  cause  injury  to  such  works,  which  would  be  detri- 
mental to  the  water  service  of  the  local  people. 

6.  The  main  object  of  the  British  Government  in  desiring  to  see  the 
inland  waterways  of  China  opened  to  steam  navigation  being  to  afford 
facilities  for  the  rapid  transport  of  both  foreign  and  native  merchan- 
dise, they  undertake  to  offer  no  impediment  to  the  transfer  to  a 
Chinese  Company  and  the  Chinese  flag  of  any  British  steamer  which 
may  now  or  hereafter  be  employed  on  the  inland  waters  of  China, 
should  the  owner  be  willing  to  make  the  transfer. 

In  the  event  of  a  Chinese  Company  registered  under  Chinese  law 
being  formed  to  run  steamers  on  the  inland  waters  of  China,  the  fact 
of  British  subjects  holding  shares  in  such  a  Company  shall  not  entitle 
the  steamers  to  fly  the  British  flag. 


120     TREATIBS  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

6.  Registered  steamers  and  their  tows  are  forbidden,  just  as  junks 
have  always  been  forbidden,  to  carry  contraband  goods.  Infraction 
of  this  rule  will  entail  the  penalties  prescribed  in  the  Treaties  for  such 
an  oflPence,  and  cancellation  of  the  Inland  Waters  Navigation  Certifi- 
cate carried  by  the  vessels,  which  will  be  prohibited  from  thereafter 
plying  on  inland  waters. 

7.  As  it  is  desirable  that  the  people  living  inland  should  be  disturbed 
as  little  as  possible  by  the  advent  of  steam-vessels  to  which  they  are  not 
accustomed,  inland  waters  not  hitherto  frequented  by  steamers  shall 
be  opened  as  gradually  as  may  be  convenient  to  merchants  and  only  as 
the  owners  of  steamers  may  see  prospect  of  remunerative  trade. 

In  cases  where  it  is  intended  to  run  steam-vessels  on  waterways  on 
which  such  vessels  have  not  hitherto  run,  intimation  shall  be  made  to 
the  Conunissioner  of  Customs  at  the  nearest  open  port,  who  shall 
report  the  matter  to  the  Ministers  of  Commerce.  The  latter,  in  con- 
junction with  the  Governor-General  or  the  Governor  of  the  Province, 
after  careful  consideration  of  all  the  circumstances  of  the  case,  shall 
at  once  give  their  approval. 

8.  A  registered  steamer  may  ply  within  the  waters  of  a  port,  or 
from  one  open  port  or  ports  to  another  open  port  or  ports,  or  from 
one  open  port  or  ports  to  places  inland,  and  thence  back  to  such  port 
or  ports.  She  may,  on  making  due  report  to  the  Customs,  land  or 
ship  passengers  or  cargo  at  any  recognized  places  of  trade  passed  in 
the  course  of  the  voyage;  but  may  not  ply  between  inland  places 
exclusively  except  with  the  consent  of  the  Chinese  Government. 

9.  Any  cargo  and  passenger  boats  may  be  towed  by  steamers.  The 
helmsman  and  crew  of  any  boat  towed  shall  be  Chinese.  All  boats, 
irrespective  of  ownership,  must  be  registered  before  they  can  proceed 
inland. 

10.  These  Rules  are  supplementary  to  the  Inland  Steam  Navigation 
Regulations  of  July  and  September,  1898.  The  latter,  where 
untouched  by  the  present  Rules,  remain  in  full  force  and  effect,  but 
the  present  Rules  hold  in  the  case  of  such  of  the  former  Regulations 
as  the  present  Rules  affect.  The  present  Rules  and  the  Regulations  of 
July  and  September,  1898,  to  which  they  are  supplementary,  are  pro- 
visional, and  may  be  modified,  as  circumstances  require,  by  mutual 
consent. 

Done  at  Shanghae  this  5th  day  of  September  in  the  year  of  our 
Lord,  1902;  corresponding  with  the  Chinese  date,  the  4:th  day  of  the 
8th  moon  of  the  28th  year  of  Kwang  Hsu. 
[l.s.]  Jas.  L.  Mackay. 

(Signature  of  his  Excellency  Lii  Hai-huan.) 
(Signature  of  his  Excellency  Sheng  Hsiian-huai.) 
(S^aI  of  the  Chinese  Plenipotentiaries.) 


Ko.  19. 

SUPPLEMENTARY   TREATY   OF   COMMERCE   AND   NAVIGATION 
BETWEEN  JAPAN  AND  CHINA. 

Signed  at  Shanghai,  Octobbr  8,  1903. 
Ratifications  Exchanged,  January  11,  1904. 

His  Majesty  the  Emperor  of  Japan  and  His  Majesty  the  Emperor 
of  China,  in  order  to  give  full  effect  .to  the  provisions  of  Article  XI 
of  the  Final  Protocol  signed  at  Peking  on  the  seventh  day  of  the  ninth 
month  of  the  thirty-fourth  year  of  Meiji,  corresponding  to  the  twenty- 
fifth  day  of  the  seventh  moon  of  the  twenty-seventh  year  of  Kuang- 
hsu,  have  resolved  to  conclude  a  Supplementary  Treaty  of  Commerce 
and  Navigation,  designed  to  facilitate  and  promote  the  commercial 
relations  between  Japan  and  China,  and  have  for  that  purpose  named 
as  Their  Plenipotentiaries,  that  is  to  say: 

His  Majesty  the  Emperor  of  Japan,  Hioki  Eki,  Jugoi,  Fifth  Class 
of  the  Imperial  Order  of  the  Rising  Sun,  First  Secretary  of  Legation, 
and  Odagiri  Masnoske,  Shorokui,  Fifth  Class  of  the  Imperial  Order  of 
the  Rising  Sun,  Consul-General; 

And  His  Majesty  the  Emperor  of  China,  Lu  Hai-huan,  President  of 
the  Board  of  Public  Works,  Sheng  Hsuan-huai,  Junior  Guardian 
of  the  Heir  Apparent,  formerly  Senior  Vice-President  of  the  Board  of 
Public  Works,  and  Wu  T^ing-fang,  Senior  Vice-President  of  the  Board 
of  Commerce: 

Who,  after  having  communicated  to  each  other  their  Full  Powers 
found  to  be  in  good  and  due  form,  have  agreed  upon  and  concluded 
the  following  Articles: — 

Article  I.« 

Whereas  China,  with  the  object  of  reforming  its  fiscal  system,  pro- 
poses to  levy  a  surtax  in  excess  of  the  tariff  rates  on 
rer2S?^on'*toriir  ^^^  goods  passing  through  the  Custom  Houses,  whether 
dntief ,  prodaotion,  maritime  or  inland  and  frontier,  in  order  to  compensate 
SdMtaxei) whSn  ^^  *  measure  for  the  loss  incurred  by  the  complete 
aooepted  by  su  abolition  of  llJciyi^  Japan  consents  to  pay  the  same 
surtax  as  is  agreed  upon  between  China  and  all  the 


"See  British  Treaty  of  1902,  Art.  VIII,  and  U.  8.  Treaty  of  1903,  Art.  IV. 

121 


122   TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Treaty  Powers.  With  regard  to  the  production  tax,  consumption  tax 
and  excise,  and  the  taxes  on  native  opium  and  salt,  leviable  by  China, 
Japan  also  consents  to  accept  the  same  arrangements  as  are  agreed 
upon  between  all  the  Treaty  Powers  and  China.  It  is  understood 
however  that  the  conunerce,  rights  and  privileges  of  Japan  shall  not, 
on  account  of  the  above,  be  placed  at  any  disadvantage  as  compared 
with  the  commerce,  rights  and  privileges  of  other  Powers. 

Article  U." 

The  Chinese  Government  agree  to  permit  Japanese  steamship- 
owners  to  erect,  at  their  own  expense,  appliances  for 
nav legation  on  l^a^ling  through  the  rapids  of  that  part  of  the  Yang- 
npper  Tang-tse  tze-kiang  between  Ichang  and  Chungking.  But  as 
the  interests  of  the  population  of  the  provinces  of 
Szechuen,  Hunan  and  Hupeh  are  involved,  it  is  therefore  necessary 
that  the  approval  of  the  Imperial  Maritime  Customs  be  obtained  before 
such  appliances  may  be  so  erected. 

These  appliances,  which  shall  be  at  the  disposal  of  all  vessels  both 
steamers  and  junks,  shall  not  obstruct  the  waterway  nor  interfere 
with  the  free  passage  of  junks  or  of  persons  on  the  banks  of  the  river. 
Such  appliances  shall  be  subject  to  special  regulations  to  be  drawn  up 
by  the  Imperial  Maritime  Customs. 

Article  in.* 

The  Chinese  Government  agree  that  any  Japanese  steamer  capable 
of  navigating  the  inland  waterways,  upon  reporting  at 
Najgation    of  ^]^^  Imperial  Maritime  Customs,  may  proceed  for  the 
purpose  of  trade  from  a  treaty  port  to  places  inland, 
so  reported,  on  complying  with  the  Original  and  Supplementary  Reg- 
ulations for  Steam  Navigation  Inland. 

Article  IV.  ^ 

In  case  Chinese  subjects  conjointly  with  Japanese  subjects  organise 
a  partnership  or  company  for  a  legitimate  purpose, 
Cl^Tii^MiSj^*  ^-  *^®y  ^^^^  equitably  share  the  profits  and  losses  with 
ew.  Liabmties.  all  the  members  according  to  the  teims  of  the  agree- 
ment or  memoiundum  and  articles  of  association  and 
the  regulations  framed  thereunder,  and  they  shall  be  liable  to  the  ful- 
filment of  the  obligations  imposed  by  the  said  agreement  or  memoran- 
dum and  articles  of  association  and  the  regulations  framed  thereunder 
as  accepted  by  them  and  as  interpreted  by  Japanese  Courts.     Should 

«See  British  Treaty  of  1902,  Art.  V,  par.  2. 
^'See  British  Treaty  of  1902,  Art  X,  par.  1. 
cSee  British  Treaty  of  1902,  Art.  IV. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      123 

they  fail  tx)  fulfil  the  obligations  so  imposed  and  legal  action  be  taken 
against  them  in  consequence,  Chinese  Courts  shall  at  once  enforce 
fulfillment  of  such  obligations. 

It  is  understood  that  in  case  Japanese  subjects  conjointly  with 
Chinese  subjects  organise  a  partnership  ot  company,  they  shall  also 
equitably  share  the  profits  and  losses  with  all  the  members  according 
to  the  terms  of  the  agreement  or  memorandum  and  articles  of  associa- 
tion and  the  regulations  framed  thereunder.  Should  such  Japanese 
subjects  fail  to  fulfil  any  of  the  obligations  imposed  by  the  said  agree- 
ment or  memorandum  and  articles  of  association  or  by  the  regulations 
framed  thereunder,  Japanese  Courts  shall  in  like  manner  at  once 
enforce  fulfilment  of  such  obligations  by  them. 

Article  V.® 

The  Chinese  Government  agree  to  make  and  faithfully  enforce  such 

regulations  as  are  necessary  for  preventing  Chinese 

trade-marks.^^  °     subjects  from  infringing  registered  trade-marks  held 

by  Japanese  subjects. 

The  Chinese  Government  likewise  agree  to  make  such  regulations 

as  are  necessary  for  affording  protection  to  registered 

oopyiighto.  °*  **     copyrights  held  by  Japanese  subjects  in  the  books, 

pamphlets,  maps  and  charts  written  in  the  Chinese 

language  and  specially  prepared  for  the  use  of  Chinese  people. 

It  is  further  agreed  that  the  Chinese  Government  shall  establish 

Begiatratioii  of   registration  offices  where   foreign  trade-marks  and 

trade-marks  and    copyrights,  upon  application  for  the  protection  of  the 

Chinese  Government,  shall  be  registered  in  accordance 

with  the  provisions  of  the  regulations  to  be  hereafter  framed  by  the 

Chinese  Government  for  the  purpose  of  protecting  trade-marks  and 

copyrights. 

It  is  understood  that  Chinese  trade-marks  and  copyrights  properly 
registered  according  to  the  provisions  of  the  laws  and  regulations  of 
Japan  will  receive  similar  protection  against  infringement  in  Japan. 
This  Article  shall  not  be  held  to  protect  against  due  process  of  law 
any  Japanese  or  Chinese  subject  who  may  be  the  author,  proprietor 
or  seller  of  any  publication  calculated  to  injure  the  well-being  of 
China. 

Article  VI.* 

China  agrees  to  establish  itself,  as  soon  as  possible,  a  system  of  uni- 
form national  coinage  and  provide  for  a  uniform 
age  in  ciiina.      "    national  currency  which  shall  be  freely  used  as  legal 
tender  in  payment  of  all  duties,  taxes  and  other  obli- 

ofiee  British  Treaty  of  1902,  Art.  VII,  and  U.  S.  Treaty  of  1903,  Art.  IX,  and 
Art.  XI. 
&See  British  Treaty  of  1902,  Art  II,  and  U.  S.  Treaty  of  1903,  Art.  XIII. 


124     TREATIES  AND  CONVENTIONS  WITH  OffiNA  AND  KOREA. 

gations  by  Japanese  subjects  as  well  as  by  Chinese  subjects  in  the 
Chinese  Empire.  It  is  understood,  however,  that  all  Customs  duties 
shall  continue  to  be  calculated  and  paid  on  the  basis  of  the  Haikwan 
tael. 

*  Article  VII. 

As  the  weights  and  measures  used   by  the  mercantile  and  other 
classes  for  general  and  commercial  purposes  in  the 
Uniform  stand-    different  provinces  of  China  vary  and  do  not  accord 
moainrerSiCiiiM.    ^^^^  ^^®  standards  fixed  by  the  Imperial  Government! 
Boards,  thus  resulting  in  detriment  to  the  trade  of 
Chinese  and  foreigners,  the  Governors  General  and  Governors  of  all 
the  provinces,  after  careful   inquiry  into  existing  conditions,  shall 
consult  together  and  fix  upon  uniform  standards  which,  after  a  Memo- 
rial to  the  Throne  for  sanction,  shall  be  adopted  and  used  in  all  trans- 
actions by  officials  and  people  throughout  all  the  Empire.     These 
standards  shall  be  first  used  in  the  places  opened  to  foreign  trade  and 
gradually  extended  to  inland  places.     Any  differences  resulting  from 
divergence  between  the  new  weights  and  measures  and  those  now  in 
vogue  shall  be   equitably  settled,  whether  by  way  of  increase  or 
decrease,  according  to  the  amount  of  such  difference. 

Article  VIII." 

The  Regulations  for  Steam  Navigation  Inland  of  the  fifth  moon  of 

the  twenty-fourth  year  of  Kuang-hsii  and  the  Supple- 

BegniationB  for    mentary  Rules  of  the  seventh  moon  of  the  same  year 
steam   navigration    i       •        i  ^         i   •  .      •  •      x   • 

inland  amended.      havmg  been  found  m  some  respects  inconvenient  in 

working,  the  Chinese  Government  hereby  agree  to 

amend  them  and  to  annex  such  new  Rules  to  this  Treaty. 

These  Rules  shall  remain  in  force  until  altered  by  mutual  consent. 

Article  ^X. 

The  provisions   of   all   treaties  and  engagements  now   subsisting 
between  Japan  and  China,  in  so  far  as  they  are  not 
Confirming    all    modified  or  repealed  by  this  Act,  are  hereby  con- 
by  modified.        '    firmed;  and  it  is  hereby  expressly  stipulated  in  addi- 
tion that  the  Japanese  Government,  Officers,  Subjects, 
Commerce,  Navigation,  Shipping,   Industries    and  Property  of   all 
kinds  shall  be  allowed  free  and  full  participation  in  all 
nation  treatoent."    privileges,  immunities    and  advantages   which   have 
been  or  may  hereafter  be  granted  by  His  Majesty  the 
Emperor  of  China  or  by  the  Chinese  Government  or  by  the  Provincial 
or  Local  Administrations  of  China  to  the  Government,  Officers,  Sub- 


aSee  British  Treaty  of  1902,  Art.  X,  and  U.  S.  Treaty  of  1903,  Art.  XII. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.       125 

jectSy  Commerce,  Navigation,  Shipping,  Industries  or  Propert}''  of  any 
other  nation. 

The  Japanese  Government  will  do  its  utmost  to  secure  to  Chinese 
Officers  and  Subjects  resident  in  Japan  the  most  favourable  treatment 
compatible  with  the  laws  and  regulations  of  the  Empire. 

Article  X.^ 

The  High  Contracting  Parties  hereto  agree  that,  in  case  of  and  after 
the  complete  withdrawal  of  the  foreign   troops  sta- 
opened^to  hitoma-    tioned  in  the  province  of  Chihli  and  of  the  Legation 
tionai  residenee    guards,  a  place  of  international  residence  and  trade  in 
Peking  will  be  forthwith  opened  by  China  itself.    The 
detailed  regulations  relating  thereto  shall  be  settled  in  due  time  after 
consultation. 
The  Chinese  Government  agree  to  open  to  foreign  trade,  within  six 
- ,      ,  1^     ♦      months  from  the  exchange  of  the  Ratifications  of  this 
be  opened  to  for-    Treaty,  Ch'angsha-fu  in  the  province  of  Hunan  on  the 
eign  trade.  same  footing  as  the  ports  already  opened  to  foreign 

trade.  Foreigners  residing  in  this  open  port  are  to  observe  the 
Municipal  and  Police  Regulations  on  the  same  footing  as  Chinese  res- 
idents, and  they  are  not  to  be  entitled  to  establish  a  Municipality  and 
Police  of  their  own  within  the  limits  of  this  treaty  port,  except  with 
the  consent  of  the  Chinese  authorities. 
The  Chinese  Government  agree  that,  upon  the  exchange  of  the  Rat- 
Mnkd  dT  ifications  of  this  Treaty,  Mukden  and  Tatungkow, 
tangkow opened  to  both  in  the  province  of  Shengking,  will  be  opened  by 
foreign  trade.  China  itself  as  places  of  international  residence  and 
trade.  The  selection  of  suitable  localities  to  be  set  apart  for  interna- 
tional use  and  occupation  and  the  regulations  for  these  places  set  apart 
for  foreign  residence  and  trade  shall  be  agreed  upon  b}^  the  Govern- 
ments of  Japan  and  China  after  consultation  together. 

Article  XI.* 

The  Government  of  China  having  expressed  a  strong  desire  to 
reform  its  judicial  system  and  to  bring  it  into  accord 
ei^'^stom  of  Chi-  ^^^^  ^^^^  Japan  and  Western  nations,  Japan  agrees 
na.  Exterrito-  to  give  every  assistance  to  such  refonm,  and  will  also 
ri^ty  to  termi-  Y)q  prepared  to  relinquish  its  extra-territorial  rights 
when  satisfied  that  the  state  of  the  Chinese  laws,  the 
arrangements  for  their  administration  and  other  considerations  war- 
rant it  in  so  doing. 

a  See  British  Treaty  of  1902,  Art.  VIII,  sec.  12,  and  U.  S.  Treaty  of  1903,  Art.  XII, 
par.  3.     On  first  paragraph,  see  Annex  6  of  present  treaty. 
&  See  British  Treaty  of  1902,  Art.  XII,  and  U.  S.  Treaty  of  1903,  Art.  XV. 


126     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Article  XU. 

The  present  Treaty  is  signed  in  the  Japanese,  Chinese  and  English 

languages.     In  order,  however,  to  prevent  future  dis- 

th^SJtive!*** ""    cussions,  the  Plenipotentiaries  of  the  High  Contracting 

Parties  have  agreed  that  in  case  of  any  divergence  in 

the  interpretation  between  the  Japanese  and  Chinese  Texts  of  the 

Treaty,  the  difference  shall  be  settled  by  reference  to  the  English  Text. 

Article  XIII. 

The  present  Treaty  shall  be  ratified  by  His  Majesty  the  Emperor  of 
Japan  and  His  Majesty  the  Emperor  of  China,  and  the  Ratifications 
thereof  shall  be  exchanged  at  Peking  as  soon  as  possible  and  not  later 
than  six  months  from  the  present  date.^ 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same  and  have  affixed  thereto  the  seals  of  their  arms. 

Done  at  Shanghai  this  eighth  day  of  the  tenth  month  of  the  thirty- 
six  year  of  Meiji,  corresponding  to  the  eighteenth  day  of  the  eighth 
moon  of  the  twenty-ninth  year  of  Kuang-hsii. 

[L.8.]    HiOKi  Eki.     . 

[l.8.]    Odagiri  Masnoske. 

(Signature  of  His  Excellency  Lii  Hai-huan.) 

(Signature  of  His  Excellency  Sheng  Hsuan-huai.) 

(Signature  of  His  Excellency  Wu  T'ing-fang.) 


Annex  I. 

INLAND  WATERS  STEAM  NAVIGATION. 
Additional  Rules. 

1.  Japanese  steamship-owners  are  at  liberty  to  lease  warehouses  and 
jetties  on  the  banks  of  waterways  from  Chinese  subjects  for  a  term 
not  exceeding  twenty -five  years,  with  option  of  renewal  on  terms  to  be 
mutually  arranged.  In  cases  where  Japanese  merchants  are  unable  to 
secure  warehouses  and  jetties  from  Chinese  subjects  on  satisfactory 
terms,  the  local  officials,  after  consultation  with  the  Governor  or  Gov- 
ernor General  or  Minister  of  Commerce,  shall  armnge  to  provide  these 
on  renewable  lease,  as  above  mentioned,  at  current  equitable  rates. 

2.  Jetties  shall  only  be  erected  in  such  positions  that  they  will  not 
obstruct  the  inland  waterway  or  interfere  with  navigation,  and  with 
the  sanction  of  the  nearest  Commissioner  of  Customs;  such  sanction, 
however,  shall  not  be  arbitrarily  withheld. 

3.  Japanese  merchants  shall  pay  taxes  and  contributions  on  these 
warehouses  and  jetties  on  the  same  footing  as  Chinese  proprietors  of 

«  Ratifications  were  exchanged  on  January  11,  1904. 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.   127 

similar  properties  in  the  neighbourhood.  Japanese  merchants  may 
only  employ  Chinese  agents  and  staff  to  reside  in  warehouses  so  leased 
at  places  touched  at  by  steamers  engaged  in  inland  traflSc  to  carry  on 
their  business;  but  Japanese  merchants  may  visit  these  places  from 
time  to  time  to  look  after  their  affairs.  The  existing  rights  of  Chinese 
jurisdiction  over  Chinese  subjects  shall  not  by  reason  of  this  clause  be 
diminished  or  interfered  with  in  any  way. 

4.  Steam  vessels  navigating  the  inland  waterways  of  China  shall  be 
responsible  for  loss  caused  to  riparian  proprietors  by  damage  which 
they  may  do  to  the  banks  or  works  on  them,  and  for  the  loss  which 
may  be  caused  by  such  damage. 

In  the  event  of  China  desiring  to  prohibit  the  use  of  some  particu- 
lar shallow  waterway  by  launches,  because  there  is  reason  to  fear  that 
the  use  of  it  by  them  would  be  likely  to  injure  the  banks  and  cause 
damage  to  the  adjoining  country,  the  Japanese  authorities,  when 
appealed  to,  shall,  if  satisfied  of  the  validity  of  the  objection,  prohibit 
the  use  of  that  waterway  by  Japanese  launches,  provided  that  Chinese 
launches  are  also  prohibited  from  using  it. 

Both  Foreign  and  Chinese  launches  are  prohibited  from  crossing 
dams  and  weirs  at  present  in  existence  on  inland  waterways  where  they 
are  likely  to  cause  injury  to  such  works,  which  would  be  detrimental 
to  the  water  service  of  the  local  people. 

5.  The  main  object  of  the  Japanese  Government  in  desiring  to  see 
the  inland  waterways  of  China  opened  to  steam  navigation  being  to 
afford  facilities  for  the  rapid  transport  of  both  foreign  and  native 
merchandise,  they  undertake  to  offer  no  impediment  to  the  transfer  to 
a  Chinese  company  and  the  Chinese  flag  of  any  Japanese  steamer  which 
may  now  or  hereafter  be  employed  on  the  inland  waters  of  China, 
should  the  owner  be  willing  to  make  the  transfer. 

In  the  event  of  a  Chinese  company  registered  under  Chinese  law 
being  formed  to  run  steamers  on  the  inland  waters  of  China,  the  fact 
of  Japanese  subjects  holding  shares  in  such  a  company  shall  not  entitle 
the  steamers  to  fly  the  Japanese  flag. 

6.  Registered  steamers  and  their  tows  are  forbidden,  just  as  junks 
have  always  been  forbidden,  to  carry  contraband  goods.  Infraction  of 
this  rule  will  entail  the  penalties  prescribed  in  the  treaties  for  such  an 
offence,  and  cancellation  of  the  Inland  Waters  Navigation  Ceitificate 
carried  by  the  vessels,  which  will  be  prohibited  from  thereafter  plying 
on  inland  waters. 

7.  As  it  is  desirable  that  the  people  living  inland  should  be  disturbed 
as  little  as  possible  by  the  advent  of  steam  vessels  to  which  they  are 
not  accustomed,  inland  waters  not  hitherto  frequented  by  steamers 
shall  be  opened  as  gradually  as  may  be  convenient  to  merchants  and 
only  as  the  owners  of  steamers  may  see  prospect  of  remunerative 
trade 


128     TREATIES  AND  OONVENITONS  WITH  CHINA  AND  KOREA. 

In  cases  where  it  is  intended  to  run  steam  vessels  on  waterways  on 
which  such  vessels  have  not  hitherto  run,  intimation  shall  be  made  to 
the  Commissioner  of  Customs  at  the  nearest  open  port,  who  shall 
report  the  matter  to  the  Ministers  of  Commerce.  The  latter,  in  con- 
junction with  the  Governor  General  or  Governor  of  the  province,  after 
careful  consideration  of  all  the  circumstances  of  the  case,  shall  at  once 
give  their  approval. 

8.  A  registered  steamer  may  ply  within  the  waters  of  a  poit,  or 
from  one  open  port  or  ports  to  another  open  port  or  points,  or  from 
one  open  port  or  ports  to  places  inland,  and  thence  back  to  such  port 
or  ports.  She  may,  on  making  due  report  to  the  Customs,  land  or 
ship  passengers  or  cargo  at  any  recognized  places  of  trade  passed  in 
the  course  of  the  voyage;  but  may  not  ply  between  inland  places 
exclusively  except  with  the  consent  of  the  Chinese  Government. 

9.  Any  cargo  and  passenger  boats  may  be  towed  by  steamers.  The 
helmsman  and  «rew  of  any  boat  towed  shall  be  Chinese.  All  boats, 
irrespective  of  ownership,  must  be  registered  before  they  can  proceed 
inland. 

10.  The  above  Rules  are  supplementary  to  the  Regulations  pub- 
lished in  the  fifth  and  seventh  moons  of  the  twenty-fourth  year  of 
Kuang-hsii,  which  remain  in  full  force  and  effect  in  so  far  as  they  are 
not  modified  by  the  Rules  now  agreed  upon. 

The  present  Rules  and  the  Regulations  of  the  fifth  and  seventh 
moons  of  the  twenty-fourth  year  of  Kuang-hsu  may  hereafter  be 
modified,  as  circumstances  require,  by  mutual  consent. 

Done  at  Shanghai  this  eighth  day  of  the  tenth  month  of  the  thirty- 
sixth  year  of  Meiji,  corresponding  to  the  eighteenth  day  of  the  eighth 
moon  of  the  twenty-ninth  year  of  Kuang-hsii. 

[l.  8.]  HiOKi  Eki. 

[l.  s.]  Odagiri  Masnoske. 

(Signature  of  His  Excellency  Lu  Hai-huan.) 

(Signature  of  His  Excellency  Sheng  Hsuan-huai.) 

(Signature  of  His  Excellency  Wu  T'ing-fang.) 


Annex  2. 

Imperial  Japanese  Commissioners  for  Treaty  Revision 

to 
Imperial  Chinese  Commissioners  for  Treaty  Revision. 

Shanghai,  the  8th  Day  of  the  10th 

Month  of  the  36  th  Year  of  Meiji, 
Gentlemen, 

According  to  Article  lU  of  the  present  Treaty  the  Chinese  Gov- 
ernment agree  that  any  Japanese  steamer  capable  of  navigating  the 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      129 

Inland  Waterways,  upon  reporting  at  the .  Imperial  Maritime  Cus- 
toms, may  proceed  for  the  purpose  of  trade  from  a  treaty  port  to 
places  inland,  so  reported,  on  complying  with  the  Original  and 
Supplementary  Regulations  for  Steam  Navigation  Inland. 

It  is  understood  that  all  classes  of  Japanese  steamers,  whatever  their 
size,  provided  they  are  capable  of  navigating  the  Inland  Waterways, 
may  on  complying  with  the  Regulations  receive  an  Inland  Waters 
Certificate  and  carry  on  trade  with  inland  places,  and  the  Chinese 
Government  will  in  no  case  raise  difficulties  and  stop  such  steamers 
from  plying  to  and  from  inland  places. 

We  have  the  honour,  in  order  to  prevent  future  misunderstandings, 
to  address  this  despatch  to  Your  Excellencies  and  to  request  that 
instructions  be  sent  to  the  Inspector  General  of  Maritime  Customs  to 
act  in  accordance  with  this  understanding.  We  have  further  the 
honour  to  request  a  reply  from  Your  Excellencies. 

We  have  the  honour  to  be,  gentlemen, 
Your  obedient  Servants, 

(Signed)  Hioki  Eki. 

(Signed)  Odagirx  Masnoske. 

Their  Excellencies 
lit  Hai-huan, 
Sheng  Hsuan-huai, 

Wu    T'iNG-FANG, 

jffls  Imperial  Ohineae  Majesty's 

Commissioners  for  Treaty  Revision. 


Annex  3. 

Imperial  Chinese  Commissioners  for  Treaty  Revision 

to 
Imperial  Japanese  Commissioners  for  Treaty  Revision. 

Shanghai,  the  18th  Day  of  the  8th  Moon 

of  the  Wth  Year  of  Kuam^g-hsu, 
Gentlemen, 

We  have  the  honour  to  acknowledge  the  receipt  of  Your  Excellencies' 
despatch  of  this  date,  written  with  a  view  of  preventing  future  mis- 
understandings, to  the  eflPect  that,  in  accordance  with  the  provisions 
of  Article  III  of  the  present  Treaty,  all  classes  of  Japanese  steamers, 
whatever  their  size,  provided  they  are  capable  of  navigating  the  Inland 
Waterways,  may  on  complying  with  the  Regulations  receive  an  Inland 
Waters  Certificate  and  ply  to  and  from  inland  places,  and  that  the 
(Chinese  Government  will  in  no  case  raise  difficulties  and  stop  them. 
27938—04 ^9 


130     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

During  the  negotiations  of  this  Article,  we  received  a  list  from 
Your  Excellencies  of  the  Japanese  steamers — viz. :  Sanyo  Maru,  Seta- 
gawa  Maru,  Hiuga  Maru,  Urato  Maru,  Neisei  Maru,  Heian  Maru, 
Taiko  Maru,  Yoshino  Maru,  Meiko  Maru,  Fukuju  Maru,  Hijikawa 
Maru,  Nagata  Maru,  Kyodo  Maru,  Horai  Maru,  Kwanko  Maru, 
Keiko  Maru,  Einriu  Maru,  Zensho  Maru  and  Kohei  Maru,  ranging 
from  one  hundred  and  twenty -one  tons  to  four  hundred  and  ten  tons 
register — plying  from  Chefoo  to  inland  places  in  Manchuria,  under 
Inland  Waters  Certificate  and  in  accordance  with  the  Regulations  for 
Steam  Navigation  Inland,  which  vessels  have  not  been  prevented  from 
doing  so  on  account  of  their  class. 

At  that  time  we  instructed  the  Deputy  Inspector  General  of  Cus- 
toms to  make  inquiries  into  the  records  of  the  Custom  Houses  and  he 
reported  that  the  circumstances  were  in  accordance  with  Your  Excel- 
lencies' statement. 

In  consequence  of  the  receipt  of  Your  Excellencies'  despatch  we 
shall  communicate  with  the  Wai-wu  Pu  and  request  that  instructions 
be  sent  to  the  Inspector  General  of  Customs  to  take  these  circum- 
stances into  consideration  and  to  act  accordingly,  and  we  have  the 
honour  to  write  this  despatch  for  purposes  of  record. 
We  have  the  honour  to  be,  Gentlemen, 
Your  obedient  Servants, 

(Signature  of  His  Excellency  Lii  Hai-Huan.) 
(Signature  of  His  Excellency  Sheng  Hsuan-Huai.) 
(Signature  of  His  Excellency  Wu  T'ing-Fang.) 
Their  Excellencies 
HiOKi  Eki, 
Odagiri  Masnoske, 

His  Imperial  Jwpcmese  Majesty^ 8  Commissioners 

for  Treaty  Revision. 


Annex  4. 

Imperial  Japanese  Commissioners  for  Treaty  Revision 

to 
Imperial  Chinese  Commissioners  for  Treaty  Revision. 

Shanghai,  the  8th  Day  of  the  10th  Month 

of  the  36th  YearofMeiji. 
Gentlemen, 

The  provision  contained  in  No.  9  of  the  Supplementary  Rules  govern- 
ing steam  navigation  on  Inland  Waters  published  in  the  seventh  moon 
of  the  twenty-fourth  year  of  Kuang-hsii,  regarding  the  appointment  of 
an  oflScer  to  collect  duea  and  duties,  not  having  in  all  cases  been  given 
effect  to,   we  have  the  honour  to  request  that  Your  Excellencies 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      131 

Government  will  again  issue  instructions  to  all  provinces  to  give  strict 
eflFect  to  this  provision,  as  it  is  a  matter  of  importance. 

We  trust  that  Your  Excellencies  will  comply  with  the  request  con- 
tained in  this  despatch  and  that  you  will  favour  us  with  a  reply. 
We  have  the  honour  to  be,  Gentlemen, 
Your  obedient  Servants, 

(Signed)  Hioki  Eki. 

(Signed)  Odagiri  Masnoske. 

Their  Excellencies 
LC  Hai-huan, 
Sheng  Hsuan-huai, 

WU  T'iNG-FANG, 

His  Irrvperidl  Ghi/nese  Majesty* 8  Cominiadoners 

for  Treaty  Revision, 

Annex  5. 

iMPERiAii  Chinese  Commissioners  for  Treaty  Revision 

to 
Imperial  Japanese  Commissioners  for  Treaty  Revision. 

Shanghai,  the  18th  Day  of  the  8th  Moon 

of  the  29th  Year  of  Knang-hm, 
Gentlemen, 

We  have  the  honour  to  acknowledge  the  receipt  of  Your  Excel- 
lencies' despatch  of  this  date  to  the  effect  that,  the  provision  contained 
in  No.  9  of  the  Supplementary  Rules  governing  steam  navigation  on 
Inland  Waters  published  in  the  seventh  moon  of  the  twenty-fourth 
year  of  Kuang-hsu,  regarding  the  appointment  of  an  officer  to  collect 
dues  and  duties,  not  having  in  all  cases  been  given  effect  to,  you 
request  that  instructions  be  again  issued  to  all  provinces  to  give  strict 
effect  to  this  provision,  as  it  is  a  matter  of  importance. 

We  have  noted   the  above  and   have  communicated  with  proper 
authorities  in  order  that  action  may  be  taken,  and  have  now  the  honour 
to  write  this  reply  for  Your  Excellencies'  information. 
We  have  the  honour  to  be,  Gentlemen, 
Your  obedient  Servants, 

(Signature  of  His  Excellency  Lii  Hai-Huan.) 
(Signature  of  His  Ebccellency  Sheng  Hsuan-Huai.) 
(Signature  of  His  Excellency  Wu  T'ing-Fang.) 
Their  Excellencies 
HiOKi  Eki, 
Odagiri  Masnoske, 

His  Imperial  Japanese  Majesty* s  Commissioners 

for  Treaty  Bevision. 


132     TEEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Annex  6. 

Imperial  Chinese  Commissioners  for  Treatt  Revision 

to 
Imperial  Japanese  Commissioners  for  Treaty  Revision. 

Shanghai,  the  18th  Bay  of  the  8th  Moon 

of  the  S9th  Year  of  Kuam^-hsu. 
Gentlemen, 

According  to  the  provision  of  Article  X  of  this  Treatj^,  regarding 
the  establishment  in  Peking  of  a  place  of  international  residence  and 
trade,  it  is  agreed  that  in  case  of  and  after  the  complete  withdrawal 
of  the  foreign  troops,  now  guarding  the  Legations  and  Communica- 
tions, a  place  in  Peking  outside  the  Inner  City,  convenient  to  both 
parties  and  free  from  objections,  shall  be  selected  and  set  apart  as 
a  place  where  merchants  of  all  nationalities  may  reside  and  carry  on 
trade.  Within  the  limits  of  this  place  merchants  of  all  nationalities 
shall  be  at  liberty  to  lease  land,  build  houses  and  warehouses,  and 
establish  places  of  business;  but  as  to  the  leasing  of  houses  and  land 
belonging  to  Chinese  private  individuals,  there  must  be  willingness 
on  the  part  of  the  owners  and  the  terms  thereof  must  be  equitably 
arranged  without  any  force  or  compulsion.  All  roads  and  bridges  in 
this  place  will  be  under  the  jurisdiction  and  control  of  China.  For- 
eigners residing  in  this  place  are  to  observe  the  Municipal  and  Police 
Regulations  on  the  same  footing  as  Chinese  residents,  and  they  are  not 
to  be  entitled  to  establish  a  Municipality  and  Police  of  their  own 
within  its  limit^  except  with  the  consent  of  the  Chinese  authorities. 
When  such  place  of  international  residence  and  trade  shall  have  been 
opened  and  its  limits  properly  defined,  the  foreigners  who  have  been 
residing  scattered  both  within  and  without  the  city  walls,  shall  all  be 
required  to  remove  their  residence  thereto  and  they  shall  not  be  allowed 
to  remain  in  separate  places  and  thereby  cause  inconvenience  in  the 
necessary  supervision  by  the  Chinese  authorities.  The  value  of  the 
land  and  buildings  held  by  such  foreigners  shall  be  agreed  upon  equi- 
tably and  due  compensation  therefor  shall  be  paid.  The  period  for 
such  removal  shall  be  determined  in  due  time,  and  those  who  do  not 
remove  before  the  expiry  of  this  period  shall  not  be  entitled  to  com- 
pensation. 

We  have  considered  it  to  be  to  our  mutual  advantage  to  come  to  the 
present  basis  of  understanding  in  order  to  avoid  future  unnecessary 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      133 

negotiations,  and  we  beg  that  Your  Excellencies  will  consider  and 
agree  to  it  and  will  favour  us  with  a  reply. 
We  have  the  honour  to  be,  Gentlemen, 
Your  obedient  Servants, 

(Signature  of  His  Excellency  Lu  Hai-huan.) 
(Signature  of  His  Excellency  Sheng  Hsuan-huai.) 
(Signature  of  His  Excellency  Wu  T'ing-fang.) 
Their  Excellencies 
HiOKi  Eki, 
Odaoiri  Masnoske, 

Ilis  Innpei^l  Japanese  Majesty^ 8 

Commiasioners  for  Treaty  Hevision. 


Annex  7. 

Imperial  Japanese  Commissioners  for  Treaty  Revision 

to 
Imperial  Chinese  Commissioners  for  Treaty  Revision. 

Shanghai,  the  8th  Bay  of  the  10th  Month  of 

the  86th  Year  of  MeijL 
Gentlemen, 

We  have  the  honour  to  acknowledge  the  receipt  of  Your  Excel- 
lencies' despatch  of  this  date  in  which  you  state  that — 

"According  to  the  provision  of  Article  X  of  this  Treaty,  regard- 
ing the  establishment  in  Peking  of  a  place  of  international  residence 
and  trade,  it  is  agi'eed  that  in  case  of  and  after  the  complete  with- 
drawal of  the  foreign  troops,  now  guarding  the  Legations  and 
Communications,  a  place  in  Peking  outside  the  Inner  City,  con- 
venient to  both  parties  and  free  from  objections,  shall  be  selected 
and  set  apart  as  a  place  where  merchants  of  all  nationalities  may 
reside  and  carry  on  trade.  Within  the  limits  of  this  place  mer- 
chants of  all  nationalities  shall  be  at  liberty  to  lease  land,  build 
houses  and  warehouses,  and  establish  places  of  business;  but  as  to 
the  leasing  of  houses  and  land  belonging  to  Chinese  private  indi- 
viduals, there  must  be  willingness  on  the  pai-t  of  the  owners  and 
the  terms  thereof  must  be  equitably  arranged  without  any  force 
or  compulsion.  All  roads  and  bridges  in  this  place  will  be  under 
the  jurisdiction  and  control  of  China.  Foreigners  residing  in  this 
place  are  to  observe  the  Municipal  and  Police  Regulations  on  the 
same  footing  as  Chinese  residents,  and  they  are  not  to  be  entitled 
to  establish  a  Municipality  and  Police  of  their  own  within  its  limits 
except  with  the  consent  of  the  Chinese  authorities.     When  such 


134      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

place  of  international  residence  and  trade  shall  have  been  opened 
and  its  limits  properly  defined,  the  foreigners  who  have  been 
residing  scattered  both  within  and  without  the  city  walls,  shall  all 
be  required  to  remove  their  residence  thereto  and  they  shall  not 
be  allowed  to  remain  in  separate  places  and  thereby  cause  incon- 
venience in  the  necessary  supervision  by  the  Chinese  authorities. 
The  value  of  the  land  and  buildings  held  bj''  such  foreigners  shall 
be  agreed  upon  equitably  and  due  compensation  therefor  shall  be 
paid.  The  period  for  such  removal  shall  be  determined  in  due 
time,  and  those  who  do  not  remove  before  the  expiry  of  this 
period  shall  not  be  entitled  to  compensation. 

We  have  considered  it  to  be  to  our  mutual  advantage  to  come 
to  the  present  basis  of  understanding  in  order  to  avoid  future 
unnecessary  negotiations,  and  we  beg  that  Your  Excellencies  will 
consider  and  agree  to  it  and  will  favour  us  with  a  reply." 

In  reply  we  beg  to  inform  you  that  we  agree  generally  to  all  the 
terms  contained  in  the  despatch  under  acknowledgment.  As  to  the 
detailed  regulations,  these  shall  in  due  time  be  considered  and  satis- 
factorily settled  in  accordance  with  Article  X  of  this  Treaty;  but  it 
is  understood  that  such  regulations  shall  not  differ  in  any  respect  to 
our  prejudice  from  those  which  may  be  agreed  upon  between  China 
and  other  Powers.  We  have  the  honour  to  send  Your  Excellencies 
this  communication  in  reply  and  for  your  information. 
We  have  the  honour  to  be.  Gentlemen, 

Your  obedient  Servants, 

(Signed)  Higki  Eki. 

(Signed)  Odagiri  Masnoske. 

Their  Excellencies 
Lt)  Hai-huan, 
Sheng  Hsuan-huai, 

Wu  T'ING-PANG, 

Hia  hnperial  Chvnese  Majesty^ a 

Commissioners  for  Treaty  jRevision. 


No.  20. 

TINTTED  STATES. 

TREATY  BETWEEN  THE  UNITED  STATES  AND  CHINA  FOR  THE  EXTEN- 
SION OF  THE  COMMERCIAL  RELATIONS  BETWEEN  THEM. 

Signed  at  Shanghai,  October  8, 1903. 

Ratifed  by  China,  January  10,  1904. 

Ratifed  by  the  President,  January  12,  1904. 

Ratifications  Exchanged  at  Washington,  January  13,  1904. 

Proclaimed,  January  13,  1904. 

The  United  States  of  America  and  His  Majesty  the  Emperor  of 
China,  being  animated  by  an  earnest  desire  to  extend  further  the  com- 
mercial relations  between  them  and  otherwise  to  promote  the  interests 
of  the  peoples  of  the  two  countries,  in  view  of  the  provisions  of  the 
first  paragraph  of  Article  XI  of  the  final  Protocol  signed  at  Peking  on 
the  seventh  day  of  September,  A.  D.  1901,  whereby  the  Chinese 
Government  agreed  to  negotiate  the  amendments  deemed  necessary 
by  the  foreign  Governments  to  the  treaties  of  conmierce  and  naviga- 
tion and  other  subjects  concerning  commerical  relations,  with  the 
object  of  facilitating  them,  have  for  that  purpose  named  as  their 
Plenipotentiaries : — 
The  United  States  of  America — 

Edwin  H.  Conger,  Envoy  Extraordinary  and  Minister  Pleni- 
potentiary of  the  United  States  of  America  to  China — 
John  Goodnow,  Consul-General  of  the  United  States  of  Amer- 
ica at  Shanghai — 
John  F.  Seaman,  a  Citizen  of  the  United  States  of  America 
resident  at  Shanghai — 
And  His  Majesty  the  Emperor  of  China — 

Lit  Hai-huan,  President  of  the  Board  of  Public  Works — 
Sheng  HsCan-huai,  Junior  Guardian  of  the  Heir  Apparent. 
Formerly    Senior  Vice-President  of    the  Board  of  Public 
Works — 
who,  having  met  and  duly  exchanged  their  full  powers  which  were 
found  to  be  in  proper  form,  have  agreed  upon  the  following  amend- 
ments to  existing  treaties  of  commerce  and  navigation  formerly  con- 
cluded between  the  two  countries,  and  upon  the  subjects  hereinafter 
expressed  connected  with  commercial   relations,  with  the  object  of 
facilitating  them. 

135 


136   TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Article  I.^ 

In  accordance  with  international  usage,  and  as  the  diplomatic  rep- 

jj .  .  ^  _  resentative  of  China  has  the  right  to  reside  in  the 
rosentatiye,ri£r]iia  capital  of  the  United  States,  and  to  enjoy  there  the 
and  priviiegfei.  game  prerogatives,  privileges  and  immunities  as  are 
enjoyed  by  the  similar  representative  of  the  most  favored  nation,  the 
diplomatic  representative  of  the  United  States  shall  have  the  right  to 
reside  at  the  capital  of  His  Majesty  the  Emperor  of  China.  He  shall 
be  given  audience  of  His  Majesty  the  Emperor  whenever  necessary  to 
present  his  letters  of  credence  or  any  communication  from  the  Presi- 
dent of  the  United  States.  At  all  such  times  he  shall  be  received  in  a 
place  and  in  a  manner  befitting  his  high  position,  and  on  all  such  occa- 
sions the  ceremonial  observed  toward  him  shall  be  that  observed 
toward  the  representatives  of  nations  on  a  footing  of  equality,  with  no 
loss  of  prestige  on  the  part  of  either. 

The  diplomatic  representatives  of  the  United  States  shall  enjoy  all 
the  prerogatives,  privileges  and  immunities  accorded  by  international 
usage  to  such  representatives;  and  shall  in  all  respects  be  entitled  to 
the  treatment  extended  to  similar  representatives  of  the  most  favored 
nation. 

The  English  text  of  all  notes  or  dispatches  from  United  States  offi- 
cials to  Chinese  officials,  and  the  Chinese  text  of  all 
thStotive!****'*'  *rom  Chinese  officials  to  United  States  officials  shall 
be  authoritative. 

Article  H.* 

As  China  may  appoint  consular  officers  to  reside  in  the  United  States 
Coniniar  ffl   w    ^^^  ^  ^njoy  there  the  same  attributes,  privileges  and 
righia  and  priYi*    immunities  as  are  enjoyed  by  consular  officers  of  other 
^®fif**-  nations,  the  United  States  ma}'^  appoint,  as  its  interests 

may  require,  consular  officers  to  reside  at  the  places  in  the  Empire  of 
China  that  are  now  or  that  may  hereafter  be  opened  to  foreign 
residence  and  trade.  They  shall  hold  direct  official  intercourse  and 
correspondence  with  the  local  officers  of  the  Chinese  Government 
within  their  consular  districts,  either  personally  or  in  writing  as  the 
case  may  require,  on  terms  of  equality  and  reciprocal  respect.  These 
officers  shall  be  treated  with  due  respect  by  all  Chinese  authorities, 
and  they  shall  enjoy  all  the  attributes,  privileges  and  immunities,  and 
exercise  all  the  jurisdiction  over  their  nationals  which  are  or  may 
hereafter  be  extended  to  similar  officers  of  the  nation  the  most  favored 
in  these  respects.     If  the  officers  of  either  government  are  disrespect- 

o  See  U.  S.  Treaty  with  China  of  1858,  Art.  IV  and  V,  also  Fmal  Protocol  of  Sept 
7,  1901.     Annex  No.  19,  supra,  p.  95. 
&See  U.  S.  Treaty  of  1858,  Art  X. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      137 

fully  treated  or  aggrieved  in  any  way  by  the  authorities  of  the  other, 
they  shall  have  the  right  to  make  representation  of  the  same  to  the 
superior  officers  of  their  own  government  who  shall  see  that  full 
inquiry  and  strict  justice  be  had  in  the  premises.  And  the  said  consu- 
lar officers  of  either  nation  shall  carefully  avoid  all  acts  of  offense  to 
the  officers  and  people  of  the  other  nation. 

On  the  arrival  of  a  consul  duly  accredited  at  any  place  in  China 
opened  to  foreign  •trade  it  shall  be  the  dut}^  of  the  Minister  of  the 
United  States  to  inform  the  Board  of  Foreign  Affairs,  which  shall,  in 
accordance  with  international  usage,  forthwith  cause  the  proper  recog- 
nition of  the  said  consul  a_id  grant  him  aufhority  to  act. 

Article  II1.« 

Citizens  of  the  United  States  ma}'^  frequent,  reside  and  carry  on 
Am  ri        iti-    ^^^-^^^  industries  and  manufactures,  or  pursue  any  law- 
■eni  in  China;    ful  avocation,  in  all  the  ports  or  localities  of  China 
their  rights.  which  are  now  open  or  may  hereafter  be  opened  to 

to  foreign  residence  and  trade;  and,  within  the  Suitable  localities  at 
those  places  which  have  been  or  may  be  set  apart  for  the  use  and 
occupation  of  foreigners,  they  may  rent  or  purchase  houses,  places  of 
business  and  other  buildings,  and  rent  or  lease  in  perpetuity  land  and 
build  thereon.  They  shall  generally  enjoy  as  to  their  persons  and 
property  all  such  rights,  privileges  and  immunities  as  are  or  may 
hereafter  be  granted  to  the  subjects  or  citizens  of  the  nation  the  most 
favored  in  these  respects. 

Article  IV.* 

The  Chinese  Government,  recognizing  that  the  existing  system  of 

likin     d  0th  r    '^^J^^^K  ^^^^  ^^  goods  in  transit,  and  especially  the 

traniit  dnes  to  be    system  of  taxation  known  as  likin,  impedes  the  free 

totaUy  abolished,     circulation  of  commodities  to  the  general  injury  of 

trade,  hereby  undertakes  to  abandon  the  levy  of  li&in  and  all  other 

transit  dues  throughout  the  Empire  and  to  abolish  the  offices,  stations 

and  barriers  maintained  for  their  collection  and  not  to  establish  other 

offices  for  levying  dues  on  goods  in  transit.     It  is  clearly  understood 

that,  after  the  offices,  stations  and  barriers  for  taxing  goods  in  transit 

have  been  abolished,  no  attemt)t  shall  be  made  to  re-establish  them  in 

any  form  or  under  any  pretext  whatsoever. 

The  Government  of  the  United  States,  in  return,  consents  to  allow 

8  rtaz      tariff   ^  surtax,  in  excess  of  the  tariff  rates  for  the  time  being 

rates  granted  in    in  force,  to  be  imposed  on  foreign  goods  imported  by 

oompensation.         citizens  of  the  United  States  and  on  Chinese  produce 

a  See  U.  S.  Treaty  of  1858,  Art.  XI. 

&See  British  Treaty  of  1902,  Art.  VIII;  also  Japanese  Treaty  of  1908,  Art.  I. 


138     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

destined  for  export  abroad  or  coastwise.  It  is  clearly  understood  that 
in  no  case  shall  the  surtax  on  foreign  imports  exceed  one  and  one-half 
times  the  import  duty  leviable  in  terms  of  the  final  Protocol  signed  by 
China  and  the  Powers  on  the  seventh  day  of  September,  A.  D.  1901; 
that  the  payment  of  the  import  duty  and  surtax  shall  secure  for  for- 
eign imports,  whether  in  the  hands  of  Chinese  or  foreigners,  in  origi- 
nal packages  or  otherwise,  complete  immunity  from  all  other  taxation, 
examination  or  delay;  that  the  total  amount  of  taxSition,  inclusive  of 
the  tariff  export  duty,  leviable  on  native  produce  for  export  abroad 
shall,  under  no  circumstances,  exceed  seven  and  one-half  per  centum 
ad  valorem. 

Nothing  in  this  article  is  intended  to  interfere  with  the  inherent 
right  of  China  to  levy  such  other  taxes  as  are  not  in 
le  ^teiei'^*^^*  ^    conflict  with  its  provisions. 

Keeping  these  fundamental  principles  in  view,  the 
High  Contracting  Parties  have  agreed  upon  the  following  method  of 
procedure. 

The  Chinese  Government  undertakes  that  all  offices,  stations  and 
barriers  of  whatsoever  kind  for  collecting  likiuy  duties, 
to  be  aboUshed.  or  such  like  dues  on  goods  in  transit,  shall  be  perma- 
HativecuBtomsof-  gently  abolished  on  all  roads,  railways  and  waterways 
in  certain  looaii-  in  the  nineteen  Provinces  of  China  and  the  three  East- 
*^®*-  em  Provinces.     This  provision  does  not  apply  to  the 

native  Customs  offices  at  present  in  existence  on  the  seaboard,  at  open 
ports  where  there  are  offices  of  the  Imperial  Maritime  Customs,  and 
on  the  land  frontiers  of  China  embracing  the  nineteen  Provinces  and 
the  three  Eastern  Provinces. 

Wherever  there  are  offices  of  the  Imperial  Maritime  Customs,  or 
wherever  such  may  be  hereafter  placed,  native  Customs  offices  may 
also  be  established,  as  well  as  at  any  point  either  on  the  seaboard  or 
land  frontiers. 

The  Government  of  the  United  States  agrees  that  foreign  goods  on 

Bnrtax  on  dn-  importation,  in  addition  to  the  effective  five  per 
ties  on  foreign  centum  import  duty  as  provided  for  in  the  Protocol 
imports.  ^^  1901,  shall  pay  a  special  surtax  of  one  and  one- 

half  times  the  amount  of  the  said  duty  to  compensate  for  the  abolition 
of  likln^  of  other  transit  dues  besides  likin^  and  of  all  other  taxation 
on  foreign  goods,  and  in  consideration  of  the  other  reforms  provided 
for  in  this  article. 

The  Chinese  Government  may  recast  the  foreign  export  tariff  with 

specific  duties,  as  far  as  practicable,  on  a  scale  not 

eira  export^tarS'"    ^^ceding  five  per  centum  ad  val^orem;   but  existing 

export  duties  shall  not  be  raised  until  at  least  six 

months'  notice  has  been  given.     In  cases  where  existing  export  duties 

are  above  five  per  centum,  they  shall  be  reduced  to  not  more  than 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      139 

that  rate.  An  additional  special  surtax  of  one-half 
porSr*^w*ievied"    *^®  export  duty  payable  for  the  time  being,  in  lieu  of 

internal  taxation  of  all  kinds,  may  be  levied  at  the 
place  of  original  shipment  or  at  the  time  of  export  on  goods  exported 
either  to  foreign  countries  or  coastwise. 
Foreign  goods  which  bear  a  similarity  to  native  goods  shall  be  fur- 
nished by  the  Customs  officers,  if  required   by  the 
Certificate  of  on-  q^^^^j-^  ^j^ji  ^  protective  certificate  for  each  package, 

on  the  payment  of  import  duty  and  surtax,  to  prevent 
the  risk  of  any  dispute  in  the  interior. 
Native  goods  brought  by  junks  to  open  ports,  if  intended  for  local 

consumption,  irrespective  of  the  nationality  of  the 
ttooda^^'^^^^^    owner  of  the  goods,  shall  be  reported  at  the  native 

Customs  offices  only,  to  be  dealt  with  according  to  the 

fiscal  regulations  of  the  Chinese  Government. 

Machine-made  cotton  yarn  and  cloth  manufactured  in  China,  whether 

Machine-made    ^^  foreigners  at  the  open  ports  or  by  Chinese  any- 

groods    in   China,    where  in  China,  shall  as  regards  taxation  be  on  a  foot- 

treatment  o  .  ^^^  ^£  perfect  equalit3\     Such  goods  upon  payment 

of  the  taxes  thereon  shall  be  granted  a  rebate  of  the  import  duty  and 

of  two-thirds  of  the  import  surtax  paid  on  the  cotton  used  in  their 

manufacture,  if  it  has  been  imported  from  abroad,  and  of  all  duties 

paid  thereon  if  it  be  Chinese  grown  cotton.    They  shall  also  be  free  of 

export  duty,  coast-trade  duty  and  export  surtax.     The  same  principle 

and  procedure  shall  be  applied  to  all  other  products  of  foreign  type 

turned  out  by  machinery  in  China. 

A  member  or  members  of  the  Imperial  Maritime  Customs  foreign 

staff  shall  be  selected  by  the  Governors-General  and 
tomi^'to  oversee  Governors  of  each  of  the  various  provinces  of  the 
native    cnitomi    Empire  for  their  respective  provinces,  and  appointed 

in  consultation  with  the  Inspector  General  of  Impe- 
rial Maritime  Customs,  for  duty  in  connection  with  native  Customs 
affairs  to  have  a  general  supervision  of  their  working. 
Cases  where  illegal  action  is  complained  of  by  citizens  of  the  United 

States  shall  be  promptly  investigated  by  an  officer  of 
inveJti^^tod"' aT  *^®  Chinese  Government  of  sufficiently  high  l-ank,  in 
■ponsibiiityforen-   conjunction  with  an  officer  of  the  United  States  Gov- 

forcement  of  pro-  ernment,  and  an  officer  of  the  Imperial  Maritime  Cus- 
viiionB  of  treaty.  ^ 

toms,  each  of  sufficient  standing;  and,  in  the  event  of 

it  being  found  by  the  investigating  officers  that  the  complaint  is  well 
founded  and  loss  has  been  incurred,  due  compensation  shall  be  paid 
through  the  Imperial  Maritime  Customs.  The  high  provincial  offi- 
cials shall  be  held  responsible  that  the  officer  guilty  of  the  illegal 
action  shall  be  severely  punished  and  removed  from  his  post.  If  the 
complaint  is  shown  to  be  frivolous  or  malicious,  the  complainant  shall 
be  held  responsible  for  the  expenses  of  the  investigation. 


140     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

When  the  ratifications  of  this  Treaty  shall  have  been  exchanged  by 
the  High  Contracting  Parties  hereto,  and  the  provi- 
lished^when  arti"  «ions  of  this  Article  shall  have  been  accepted  by  the 
eie  becomes  opor-  Powers  having  treaties  with  China,  then  a  date  shall 
be  agreed  upon  when  the  provisions  of  this  Article 
shall  take  effect  and  an  Imperial  Edict  shall  be  published  in  due  form 
on  yellow  paper  and  circulated  throughout  the  Empire  of  China  set- 
ting forth  the  abolition  of  all  likin  taxation,  duties  on  goods  in  transit, 
offices,  stations  and  barriers  for  collecting  the  same,  and  of  all  descrip- 
tions of  internal  taxation  on  foreign  goods,  and  the  imposition  of  the 
surtax  on  the  import  of  foreign  goods  and  on  the  export  of  native 
goods,  and  the  other  fiscal  changes  and  reforms  provided  for  in  this 
Article,  all  of  which  shall  take  effect  from  the  said  date.  The  Edict 
shall  state  that  the  provincial  high  officials  are  responsible  that  any 
official  disregarding  the  letter  or  the  spirit  of  its  injunction  shall  be 
severely  punished  and  removed  from  his  post. 

Article  V.^ 

The  tariff  duties  to  be  paid  by  citizens  of  the  United  States  on  goods 
imported  into  China  shall  be  as  set  forth  in  the  sched- 
canlmporto.  Moit   ^'^  annexed  hereto  and  made  part  of  this  Treaty,  sub- 
favored    nation   ject  only  to  such  amendments  and  changes  as  are 
**    ^^  authorized  by  Article  IV  of  the  present  convention  or 

as  may  hereafter  be  agreed  upon  by  the  High  Contracting  Parties 
hereto.  It  is  expressly  agreed,  however,  that  citizens  of  the  United 
States  shall  at  no  time  pay  other  or  higher  duties  than  those  paid  by 
the  citizens  or  subjects  of  the  most  favored  nation. 

Conversely,  Chinese  subjects  shall  not  pay  higher  duties  on  their 
imports  into  the  United  States  than  those  paid  by  the  citizens  or  sub- 
jects of  the  most  favored  nation. 

Article  VI.* 

The  Government  of  China  agrees  to  the  establishment  by  citizens  of 
the  United  States  of  warehouses  approved  by  the 
honsei.  *  ^*"  proper  Chinese  authorities  as  bonded  warehouses  at  the 
several  open  Ports  of  China,  for  storage^  re-packing, 
or  preparation  for  shipment  of  lawful  goods,  subject  to  such  necessary 
regulations  for  the  protection  of  the  revenue  of  China,  including  a 
reasonable  scale  of  fees  according  to  commodities,  distance  from  the 
custom  house  and  hours  of  working,  as  shall  be  made  from  time  to 
time  by  the  proper  officers  of  the  Government  of  China. 

«  8ee  British  Treaty  of  1902,  Art.  XV;  also  Japanese  Treaty  of  1903,  Art.  I. 
ft  See  British  Treaty  of  1902,  Art.  VI. 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      141 

Article  VII.  ^ 

The  Chinese  Government,  recognizing  that  it  is  advantageous  for 
Hixun  ffui  -  ^®  country  to  develop  its  mineral  resources,  and  that 
tions  to  be  reviled  it  is  desirable  to  attract  foreign  as  well  as  Chinese 
and  operBtionien-  capital  to  embark  in  mining  enterprises,  agrees,  within 
one  year  from  the  signing  of  this  Treaty,  to  initiate 
and  conclude  the  revision  of  the  existing  mining  regulations.  To  this 
end  China  will,  with  all  expedition  and  earnestness,  go  into  the  whole 
question  of  mining  rules;  and,  selecting  from  the  rules  of  the  United 
States  and  other  countries  regulations  which  seem  applicable  to  the 
condition  of  China,  will  recast  its  present  mining  rules  in  such  a  way 
as,  while  promoting  the  interests  of  Chinese  subjects  and  not  injuring 
in  any  way  the  sovereign  rights  of  China,  will  offer  no  impediment  to 
the  attraction  of  foreign  capital  nor  place  foreign  capitalists  at  a 
greater  disadvantage  than  they  would  be  under  generally  accepted 
foreign  regulations;  and  will  permit  citizens  of  the  United  States  to 
carry  on  in  Chinese  territory  mining  operations  and  other  necessary 
business  relating  thereto  provided  they  comply  with  the  new  regula- 
tions and  conditions  which  will  be  imposed  by  China  on  its  subjects 
and  foreigners  alike,  relating  to  the  opening  of  mines,  the  renting  of 
mineral  land,  and  the  payment  of  roystlty,  and  provided  they  apply 
for  permits,  the  provisions  of  which  in  regard  to  necessary  business 
relating  to  such  operations  shall  be  observed.  The  residence  of  citi- 
zens of  the  United  States  in  connection  with  such  mining  operations 
shall  be  subject  to  such  regulations  as  shall  be  agreed  upon  by  and 
between  the  United  States  and  China. 

Any  mining  concession  granted  after  the  publication  of  such  new 
rules  shall  be  subject  to  their  provisions. 

Article  VIII.* 

Drawback  certificates  for  the  retui^n  of  duties  shall  be  issued  by  the 
Imperial  Maritime  Customs  to  citizens  of  the  United 
flcateiT***^^  ^^^'  States  within  three  weeks  of  the  presentation  to  the 
Customs  of  the  papers  entitling  the  applicant  to  receive 
such  drawback  certificates,  and  they  shall  be  receivable  at  their  face 
value  in  payment  of  duties  of  all  kinds  (tonnage  dues  excepted)  at  the 
port  of  issue;  or  shall,  in  the  case  of  drawbacks  on  foreign  goods  re- 
exported within  three  years  from  the  date  of  importation,  be  redeem- 
able by  the  Imperial  Maritime  Customs  in  full  in  ready  money  at  the 
port  of  issue,  at  the  option  of  the  holders  thereof.  But  if,  in  connec- 
tion with  any  application  for  a  drawback  certificate,  the  Customs 
authorities  discover  an  attempt  to  defraud  the  revenue,  the  applicant 

oSee  British  Treaty  of  1902,  Art.  IX. 
&8ee  British  Treaty  of  1902,  Art.  I. 


142     TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

shall  be  dealt  with  and  punished  in  accordance  with  the  stipulations 
provided  in  the  Treaty  of  Tientsin,  Article  XXI,  in  the  case  of  detected 
frauds  on  the  revenue.  In  case  the  goods  have  been  removed  from 
Chinese  territory,  then  the  consul  shall  inflict  on  the  guilty  party  a 
suitable  fine  to  be  paid  to  the  Chinese  Government. 

Article  IX. « 

Whereas  the  United  States  undertakes  to  protect  the  citizens  of  any 

country  in  the  exclusive  use  within  the  United  States 

tr^e-marki!^'^  ^'   ^^  ^^^  lawful  trade-marks,  provided  that  such  country 

agrees  by  treaty  or  convention  to  give  like  protection 

to  citizens  of  the  United  States: — 

Therefore  the  Government  of  China,  in  order  to  secure  such  protec- 
tion in  the  United  States  for  its  subjects,  now  agrees  to  fully  protect 
any  citizen,  firm  or  corporation  of  the  United  States  in  the  exclusive 
use  in  the  Empire  of  China  of  any  lawful  trade-mark  to  the  exclusive 
use  of  which  in  the  United  States  they  are  entitled,  or  which  they  have 
adopted  and  used,  or  intend  to  adopt  and  use  as  soon  as  registered,  for 
exclusive  use  within  the  Empire  of  China.  To  this  end  the  Chinese 
Government  agrees  to  issue  by  its  proper  authorities  proclamations, 
having  the  force  of  law,  forbidding  all  subjects  of  China  from  infring- 
ing on,  imitating,  colorably  imitating,  or  knowingly  passing  off  an 
imitation  of  trade-marks  belonging  to  citizens  of  the  United  States, 
which  shall  have  been  registered  by  the  proper  authorities  of  the 
United  States  at  such  offices  as  the  Chinese  Government  will  establish 
for  such  purpose,  on  payment  of  a  reasonable  fee,  after  due  investiga- 
tion by  the  Chinese  authorities,  and  in  compliance  with  reasonable 
regulations. 

Article  X. 

The  United  States  Government  allows  subjects  of  China  to  patent 
their  inventions  in  the  United  States  and  protects  them 
Protection  of   j^  ^^le  use  and  ownership  of  such  patents.     The  Gov- 
ernment of  China  now  agrees  that  it  will  establish  a 
Patent  Office.     After  this  office  has  been  established  and  special  laws 
with  regard  to  inventions  have  been  adopted  it  will  thereupon,  after 
the  payment  of  the  prescribed  fees,  issue  certificates  of  protection, 
valid  for  a  fixed  term  of  years,  to  citizens  of  the  United  States  on  all 
their  patents  issued  by  the  United  States,  in  respect  of  articles  the 
sale  of  which  is  lawful  in  China,  which  do  not  infringe  on  previous 
inventions  of  Chinese  subjects,  in  the  same  manner  as  patents  are  to 
be  issued  to  subjects  of  China. 

«See  British  Treaty  of  1902,  Art.  Vll;  also  Japanese  Treaty  of  1903,  Art.  V. 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBE  A.      143 

Abticle  XI.  ^ 

Whereas  the  Governmeht  of  the  United  States  undertakes  to  give 
the  benefits  of  its  copyright  laws  to  the  citizens  of  any 

Protection  of  foreign  State  which  gives  to  the  citizens  of  the  United 
States  the  benefits  of  copyright  on  an  equal  basis  with 
its  own  citizens: — 

Therefore  the  Government  of  China,  in  order  to  secure  such  benefits 
in  the  United  States  for  its  subjects,  now  agrees  to  give  full  protection, 
in  the  same  way  and  manner  and  subject  to  the  same  conditions  upon 
which  it  agrees  to  protect  trade-marks,  to  all  citizens  of  the  United 
States  who  are  authors,  designers  or  proprietors  of  any  book,  map, 
print  or  engraving  especially  prepared  for  the  use  and  education  of 
the  Chinese  people,  or  translation  into  Chinese  of  any  book,  in  the 
exclusive  right  to  print  and  sell  such  book,  map,  print,  engraving  or 
translation  in  the  Empire  of  China  during  ten  years  from  the  date  of 
registration.  With  the  exception  of  the  books,  maps,  etc.,  specified 
above,  which  may  not  be  reprinted  in  the  same  form,  no  work  shall 
be  entitled  to  copyright  privileges  under  this  article.  It  is  understood 
that  Chinese  subjects  shall  be  at  liberty  to  make,  print  and  sell  origi- 
nal translations  into  Chinese  of  any  works  written  or  of  maps  compiled 
by  a  citizen  of  the  United  States.  This  article  shall  not  be  held  to 
protect  against  due  process  of  law  any  citizen  of  the  United  States  or 
Chinese  subject  who  may  be  author,  proprietor  or  seller  of  any  publi- 
cation calculated  to  injure  the  well-being  of  China. 

Article  XII.* 

The  Chinese  Government  having  in  1898  opened  the  navigable  inland 
waters  of  the  Empire  to  commerce  by  all  steam  vessels, 
inianrwaters.  ^  native  or  foreign,  that  may  be  specially  registered  for 
the  purpose,  for  the  conveyance  of  passengers  and 
lawful  merchandise, — citizens,  firms  and  corporations  of  the  United 
States  may  engage  in  such  commerce  on  equal  terms  with  those  granted 
to  subjects  of  any  foreign  power. 

In  case  either  party  hereto  considers  it  advantageous  at  any  time 
that  the  rules  and  regulations  then  in  existence  for  such  commerce  be 
altered  or  amended,  the  Chinese  Government  agrees  to  consider  ami- 
cably and  to  adopt  such  modifications  thereof  as  are  found  necessary 
for  trade  and  for  the  benefit  of  China. 

The  Chinese  Government  agrees  that,  upon  the  exchange  of  the 

Mukden  and  An-  ratifications  of  this  Treaty,  Mukden  and  Antung,  both 
tnng  opened  to  in  the  province  of  Sheng-king,  will  be  opened  by  China 
oreign       e.  itself  as  places  of  international  residence  and  trade. 

a  See  Japanese  Treaty  of  1903,  Art.  V. 

&  See  British  Treaty  of  1902,  Art.  VIII,  sec.  12,  ^nd  Art.  X.  Japanese  Treaty  of  1903, 
Art.  VIIL     Cf.  last  paragraph  with  Japanese  Treaty  of  1903,  Art.  X,  par.  3. 


144     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

The  selection  of  suitable  localities  to  be  set  apart  for  international  use 
and  occupation  and  the  regulations  for  these  places  set  apart  for  for- 
eign residence  and  trade  shall  be  agreed  upon  by  the  Governments  of 
the  United  States  and  China  after  consultation  together. 

Article  XIU.<» 

China  agrees  to  take  the  necessary  steps  to  provide  for  a  uniform 
national  coinage  which  shall  be  legal  tender  in  payment 
ai  ooini^.'^*  ^^'  ^^  ^^^  duties,  taxes  and  other  obligations  throughout 
the  Empire  by  the  citizens  of  the  United  States  as  well 
as  Chinese  subjects.  It  is  understood,  however,  that  all  Customs  duties 
shall  continue  to  be  calculated  and  paid  on  the  basis  of  the  Haikuan 
Tael. 

Article  XIV.* 

The  principles  of  the  Christian  religion,  as  professed  by  the  Protes- 
caipiitianity  its  ^^^  ^^^  Roman  Catholic  Churches,  are  recognized  as 
teachers  and  Vol-  teaching  men  to  do  good  and  to  do  to  others  as  they 
diso"imiiiate^d  ^^^'^  l^^^e  others  do  to  them.  Those  who  quietly 
aerainst  Bigrhts  prof  ess  and  teach  these  doctrines  shall  not  be  harassed 
uid  dnties  of  mis-  ^j,  persecuted  on  account  of  their  faith.  Any  person, 
whether  citizen  of  the  United  States  or  Chinese  con- 
vert, who,  according  to  these  tenets,  peaceably  teaches  and  practices 
the  principles  of  Christianity  shall  in  no  case  be  interfered  with  or 
molested  therefor.  No  restrictions  shall  be  placed  on  Chinese  joining 
Christian  churches.  Converts  and  non-converts,  being  Chinese  sub- 
jects, shall  alike  conform  to  the  laws  of  China;  and  shall  pay  due 
respect  to  those  in  authority,  living  together  in  peace  and  amity;  and 
the  fact  of  being  converts  shall  not  protect  them  from  the  consequences 
of  any  oflFence  they  may  have  committed  before  or  may  commit  after 
their  admission  into  the  church,  or  exempt  them  from  paying  legal 
taxes  levied  on  Chinese  subjects  generally,  except  taxes  levied  and  con- 
tributions for  the  support  of  religious  customs  and  practices  contrary 
to  their  faith.  Missionaries  ishall  not  interfere  with  the  exercise  by 
the  native  authorities  of  their  jurisdiction  over  Chinese  subjects;  nor 
shall  the  native  authorities  make  any  distinction  between  converts  and 
non-converts,  but  shall  administer  the  laws  without  partiality  so  that 
both  classes  can  live  together  in  peace. 
Missionary  societies  of  the  United  States  shall  be  permitted  to  rent 
Property  land  ^^^  ^  lease  in  perpetuity,  as  the  property  of  such 
purchased  by  mis-  societies,  buildings  or  lands  in  all  parts  of  the  Empire 
•ionary  soeieties.     f ^j.  missionary  purposes  and,  after  the  title  deeds  have 

aSee  British  Treaty  of  1902,  Art.  II,  and  Japanese  Treaty  of  1903,  Art.  XIIL 
6See  U.  S.  Treaty  of  1868,  Art  XXIX,  and  British  Treaty  of  1902,  Art  XIIL 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      145 

been  found  in  order  and  duly  stamped  by  the  local  authorities,  to 
erect  such  suitable  buildings  as  may  be  required  for  carrying  on  their 
good  work. 

Article  XV.  ^ 

The  Government  of  China  having  expressed  a  strong  desire  to  reform 
its  judicial  system  and  to  bring  it  into  accord  with  that 
oial  •T^m.  ^  Ex-  ^^  Western  nations,  the  United  States  agrees  to  give 
territoriality  to  every  assistance  to  such  reform  and  will  also  be  pre- 
pared to  relinguish  extra-territorial  rights  when  satis- 
fied that  the  state  of  the  Chinese  laws,  the  arrangements  for  their 
administration,  and  other  considerations  warrant  it  in  so  doing. 

Article  XVI.* 

The  Government  of  the  United  States  consents  to  the  prohibition  by 
Pt  hibition    f   ^^^  Government  of  China  of  the  importation  into 
importation  of   China  of  morphia  and  of  instruments  for  its  injection, 
morphia.  excepting  morphia  and  instrumjents  for  its  injection 

imported  for  medical  purposes,  on  payment  of  tariff  duty,  and  under 
regulations  to  be  framed  by  China  which  shall  eflFectually  restrict  the 
use  of  such  import  to  the  said  purposes.  This  prohibition  shall  be 
uniformly  applied  to  such  importation  from  all  countries.  The  Chinese 
Government  undertakes  to  adopt  at  once  measures  to  prevent  the 
manufacture  in  China  of  morphia  and  of  instruments  for  its  injection. 

Article  XVII. 

It  is  agreed  between  the  High  Contracting  Parties  hereto  that  all  the 

provisions  of  the  several  treaties  between  the  United 

main  in  force  ex-    States  and  China  which  were  in  force  on  the  first  day 

oept  as  here  modi-    of  January  A.  D.  1900,  are  continued  in  full  force  and 

effect  except  in  so  far  as  they  are  modified  by  the 

present  Treaty  or  other  treaties  to  which  the  United  States  is  a  party. 

The  present  Treaty  shall  remain  in  force  for  a  period  of  ten  years 

beginning  with  the  date  of  the  exchange  of  ratifications  and  until 

a  revision  is  effected  as  hereinafter  provided. 

It  is  further  agreed  that  either  of  the  High  Contracting  Parties  may 

demand  that  the  tariff  and  the  articles  of  this  conven- 

^"  ^^'  tion  be  revised  at  the  end  of  ten  years  from  the  date 

of  the  exchange  of  the  ratifications  thereof.     If  no  revision  is  demanded 

before  the  end  of  the  first  term  oi  ten  years,  then  these  articles  in 

their  present  form  shall  remain  in  full  force  for  a  further  term  of  ten 

years  reckoned  from  the  end  of  the  first  term,  and  so  on  for  successive 

periods  of  ten  years. 

a  See  British  Treaty  of  1902,  Art.  XII,  and  Japanese  Treaty  of  1903,  Art.  XI. 
»  See  British  Treaty  of  1902,  Art.  XI. 

27938—04^^ 10 


146     TREATIES  AND  CONVENTIONS  WITH  ONINA  AND  KOREA. 

The  English  and  Chinese  texts  of  the  present  Treaty  and  its  three 

annexes  have  been  carefully  compared;   but,  in  the 

th^^f  tiv  **^*  ^^'  ®^®^*'  ^^  there  being  any  difference  of  meaning  between 

them,  the  sense  as  expressed  in  the  English  text  shall 

be  held  to  be  the  correct  one. 

This  Treaty  and  its  three  annexes  shall  be  ratified  by  the  two  High 
Contracting  Parties  in  conformity  with  their  respective  constitutions, 
and  the  ratifications  shall  be  exchanged  in  Washington  not  later  than 
twelve  months  from  the  present  date. 

In  testimony  whereof,  we,  the  undersigned,  by  virtue  of  our 
respective  powers,  have  signed  this  Treaty  in  duplicate  in  the  English 
and  Chinese  languages,  and  have  aflBxed  our  respective  seals. 

Done  at  Shanghai,  this  eighth  day  of  October  in  the  year  of  our 
Lord  one  thousand  nine  hundred  and  three,  and  in  the  twenty  ninth 
year  of  Kuang  Hsii  eighth  month  and  eighteenth  day. 

Edwin  H.  Conger    [seal.] 
John  Goodnow.        [seal.] 
John  F.  Sea>ian       [seal.] 
Signatures  and  seal  of  Chinese  Plenipotentiaries. 
[Lt)  Hai-huan] 
[Sheng  HsCan-huai^ 

Annex  I. 

As  citizens  of  the  United  States  are  already  forbidden  by  treaty  to 
deal  in  or  handle  opium,  no  mention  has  been  made  in  this  Treaty  of 
opium  taxation. 

As  the  trade  in  salt  is  a  government  monopoly  in  China,  no  mention 
has  been  made  in  this  Treaty  of  salt  taxation. 

It  is,  however,  understood,  after  full  discussion  and  considemtion, 
that  the  collection  of  inland  dues  on  opium  and  salt  and  the  means  for 
the  protection  of  the  revenue  therefrom  and  for  preventing  illicit  traffic 
therein  are  left  to  be  administered  by  the  Chinese  Government  in 
such  manner  as  shall  in  no  wise  interfere  with  the  provisions  of  Article 
IV  of  this  treaty  regarding  the  unobstructed  transit  of  other  goods. 

Edwin  II.  Conger    [seal.] 
John  Goodnow         [seal.] 
John  F.  Seaman       [seal.] 
Signatures  and  seal  of  Chinese  Plenipotentiaries. 
[LC  Hai-huan] 
[Sheng  HsCan-huai] 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      147 

Annex  II. 

Article  IV  of  the  Treaty  of  Commerce  between  the  United  States 
and  China  of  this  date  provides  for  the  retention  of  the  native  Cus- 
toms offices  at  the  open  ports.  For  the  purpose  of  safeguarding  the 
revenue  of  China  at  such  places,  it  is  understood  that  the  Chinese 
Government  shall  be  entitled  to  establish  and  maintain  such  branch 
native  Customs  offices  at  each  open  port,  within  a  reasonable  distance 
of  the  main  native  Customs  offices  at  the  port,  as  shall  be  deemed  by 
the  authorities  of  the  Imperial  Maritime  Customs  at  that  port  neces- 
sary to  collect  the  revenue  from  the  trade  into  and  out  of  such  port. 
Such  bi-anches,  as  well  as  the  main  native  Customs  offices  at  each  open 
port,  shall  be  administered  by  the  Imperial  Maritime  Customs  as  pro- 
vided by  the  Protocol  of  1901. 

Edwin  H.  Conger    [seal.] 
John  Goodnow         [seal.] 
John  F.  Seaman       [seal.] 
Signatures  and  seal  of  Chinese  Plenipotentiaries.     . 
[LC  Hai-huan] 

[ShENO   HstJAN-HUAl] 


Annex  III. 

The  schedule  of  tariff  duties  on  imported  goods  annexed  to  this 
Treaty  under  Article  V  is  hereby  mutually  declared  to  be  the  schedule 
agreed  upon  between  the  representatives  of  China  and  the  United 
States  and  signed  by  John  Goodnow  for  the  United  States  and  Their 
Excellencies  Lli  Hai-huan  and  Sheng  Hsuan-huai  for  China  at  Shanghai 
on  the  sixth  day  of  September  A.  D.  1902,  according  to  the  Protocol 
of  the  seventh  day  of  September  A.  D.  1901. 

Edwin  H.  Conger    [seal.] 
John  Goodnow         [seal.] 
John  F.  Seaman       [seal.] 
Signatures  and  seal  of  Chinese  Plenipotentiaries. 
[LC  Hai-haun] 
[Sheng  HsCan-huai] 


IMPORT  TARIFF,  a 

Agar-agar per  picul. .  .  300 

Agaric.    See  Fungus. 

Amber per  catty. .  .  325 

Aniseed  (star): 

First  quality  ( value  15  taels  and  over  per  picul ) per  picul . .  1. 000 

Second  quality  ( value  under  15  taels  per  picul ) ...do .  440 

Apricot  seed do .  900 

Arrowroot  and  arrowroot  flour 5  per  ct. 


«The  figures  in  the  Import  Tariff  schedule  express  amounts  in  haikwan  taels. 


148     TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Asafetida perpicul..  1.000 

Asbestos  boiler  composition do .200 

Asbestos  fiber do 5.000 

Asbestos  millboard do .500 

Asbestos  packing,  including  sheets  and  blocks do 3. 500 

Asbestos  packing,  metallic .--.- do 5. 000 

Asbestos  yam do 2. 250 

Awabi do 1.500 

Bacon  and  ham 5per  ct. 


Grass per  thousand..        1.250 

Gunny do 4.250 

Gunny  (old) 5  per  ct. 

Hemp per  thousand..        4.250 

Hemp  (old) 6  perct 

Straw per  thousand..        1.250 

Baking  powder  in  bottles  or  tins: 

4-ounce per  dozen..  .083 

6-ounce do .110 

8-ounce do .145 

12-ounce do 226 

1-pound 1 do 303 

3-pound do 810 

5-pound do 1.350 

Bark: 

Mangrove perpicul..  .073 

Plum  tree do 120 

Yellow  (for  dyeing) 5  perct. 

Yellow  (medicinal) per  picul..  .800 

Barley,  pearl do 300 

Basins,  iron  (enameled): 

Up  to  9  inches  in  diameter,  decorated  or  not  decorated per  dozen . .  .  050 

Over  9  inches  in  diameter,  agate,  blue  and  white,  gray  or  mottled,  not 

decorated per  dozen. .  .  090 

Over  9  inches  in  diameter,  decorated  (with  gold) do .  176 

Over  9  inches  in  diameter,  decorated  ( without  gold ) do .  125 

Basins,  tin  (common) per  gross..  .250 

Beads: 

Coral per  catty..  .750 

Ck>melian perpicul..        7.000 

Glass  of  all  kinds 6  perct 

Beer.    See  Wines,  etc. 

Beeswax,  yellow perpicul..        1.600 

Belting 5  perct 

Betel-nut  husk: 

Dried perpicul..  .077 

Fresh do 018 

Betel-nut  leaves,  dried do .045 

Betel  nuts: 

Dried do 225 

Fresh do 018 

Bezoar, cow, Indian 5  perct 

Bicho  de  Mar: 

Black perpicul..        1.600 

White do 700 


TBEATIE9  Aim  0ONVEN110N8  WITH  CHINA  AND  KOREA.      149 

Bicycle  materials 5  per  ct. 

Bicycles each..  3.000 

Birds'  nests: 

First  quality per  catty . .  1. 400 

Second  quality do .  450 

Third  quality do 150 

Blue: 

Paris per  picul . .  1 .  500 

Prufisiaii do 1.500 

Bones,  tiger do 2.500 

Books: 

Chinese Free. 

Printed,  and  charts,  maps,  newspapers,  and  periodicals Free. 

Borax: 

Crude per  picul..  ,610 

Refined do 1.460 

Braid,  llama do 5.000 

Bricks,  fire 5  perct. 

Bronze  powder per  picul . .  2. 200 

Butter  in  tins,  jars,  and  other  packages do 2. 000 

Buttons: 

Agate  and  porcelain per  12  gross..  .010 

Brass  and  other  kinds  (not  jewelry) per  gross..  .020 

Byrrh.     (See  Wines,  etc.) 

Camphor per  picul..  1.650 

Camphor  haroos: 

Clean per  catty..  2.450 

Refuse 5  perct. 

Candles: 

9-ounce per  case  of  25  packages  of  6  candles..  .075 

12K)unce do 100 

16-ounce do .133 

All  kinds,  differently  packed per  picul..  .750 

Other  weights,  duty  in  proportion. 

Canes: 

Bamboo per  thousand..  .400 

Coii^ 

1  foot  long per  picul..  .200 

5  feet  long per  thousand..  .300 

Canned  fruits,  vegetables,  etc.  (all  weights  and  measures  approximate) : 
Table  fruits  (apples,  apricots,  grapes,  peaches,  pears,  and  plums),  per 

dozen  2J-pound  cans .  065 

Pie  fruits  (apples,  apricots,  grapes,  peaches,  pears,  and  plums),  per 

dozen  2i-pound  cans .  057 

Preserved  fruits  in  glass  bottles,  jars,  cardboard,  or  wooden  boxes,  in- 
cluding weight  of  immediate  package per  picul. .  .  650 

Asparagus per  dozen  2i-pound  tins. .  .118 

Com per  dozen  2-pound  tins. .  .  054 

Pease do 060 

String  beans do .054 

Tomatoes per  dozen  2J-pound  tins. .  .  054 

All  other  vegetables  preserved  in  tins,  bottles,   or  jars,   including 

weight  of  immediate  package per  picul..  .525 


150      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Ganned  fruits,  vegetables,  etc. — Continued. 
Tomato  sauce  and  cateup — 

J-pint  bottles per  dozen. .  .  054 

1-pint  bottler do 087 

Jams  and  jellies — 

1-pound  tins,  bottles,  or  jars per  dozen..  .060 

2-pound  tins,  bottles,  or  jars do .  118 

Milk  (including  condensed ) per  case  of  4  dozen  1-pound  tins. .  .  250 

Cream,  evajwrated — 

4  dozen  pints  (family  size) per  case..  .230 

2  dozen  quarts  (hotel  size) do .260 

Canned  meats — 

Bacon  or  ham,  sliced — 

Half-pound  tins per  dozen..  .077 

1-pound  tins do .144 

Dried  beef,  sliced per  dozen  1-pound  jars. .  .  144 

Mince-meat — 

1  J-pound  pails per  dozen. .  .  100 

3-pound  pails do .181 

Kits  (half  barrels  and  barrels) per  picul. .  .  729 

Pork  and  beans,  plain  or  with  tomato  sauce — 

1-pound  tins per  dozen..  .040 

2-pound  tins do .  075 

3-pound  tins do .085 

Potted  and  deviled  meat — 

Quarter-pound  tins do .022 

Half-pound  tins do .  042 

Potted  and  deviled  poultry  and  poultry  and  meat  combined — 

Quarter-poUnd  tins per  dozen. .  .  042 

Half-pound  tins do 072 

Soup  and  bouilli — 

2-pound  tins do....  .101 

6-pound  tins do .244 

Tamales,  chicken — 

Half-pound  tins do .051 

1-pound  tins do....  .080 

Tongues  of  every  description — 

Half-pound  tins do .  098 

1-pound  tins do •  204 

l}-pound  tins do .287 

2-pound  tins do 333 

2J-pound  tins do •  445 

3-pound  tins do....  .515 

3J-pound  tins do .545 

All  other  canned  meats,  including  game,  of  every  description,  with 
or  without  vegetables — 

Half-pound  tins per  dozen. .  .  052 

1-pound  tins do .063 

2-pound  tins do. ...  .  120 

4-pound  tins do .210 

6-pound  tins do .  370 

14-pound  tins do .  810 

Canvas  and  cotton  duck,  not  exceeding  36  inches  wide per  yard. .  .  010 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      151 

Oapoor  cutchery 5  per  ct. 

Cardamoms: 

Superior,  and  amoraums per  picul. .  10. 000 

Inferior,  or  grains  of  paradise , . .  do 1. 000 

Husk do 250 

Cards,  playing Sperct. 

Cassia: 

Buds per  picul- -  .750 

Lignea '..do 920 

Twigs do 170 

Cement per  cask  of  3  piculs. .  .  150 

Cereals  and  flonr  (including  barley,  maize,  millet,  oats,  paddy,  rice,  wheat, 
and  flour  made  therefrom;  also  buckwheat  and  buckwheat  flour,  com 
flour  and  yellow  corn  meal,  rye  flour,  and  hovis  flour,  but  not  including 
arrowroot  and  arrowroot  flour,  cracked  wheat,  germea,  hominy,  pearl 
barley,  potato  flour,  quaker  oats,  rolled  oats,  sago  and  sago  flour,  shredded 

wheat,  tapioca  and  tapioca  flour,  and  yam  flour) Free. 

Chairs,  Vienna  bent-wood per  dozen..  .800 

Charcoal per  picul..  .030 

Cheese 5  per  ct. 

Chestnuts per  picul. .  .  180 

China  root,  whole,  sliced,  or  in  cubes do .  650 

China  ware,  coarse  and  fine 5  per  ct. 

Chloride  of  lime per  picul..  .300 

Chocolate,  sweetened per  pound..  .012 

Cigarettes: 

First  quality  (value  exceeding  4.50  taels  per  thousand)  .per  thousand- .  .  500 

Second  quality  ( value  not  exceeding  4.50  taels  per  thousand ) ...  do .  090 

Cigars do 500 

Cinnabar per  picul..  3.750 

Cinnamon do 4.000 

Clams,  dried do .550 

Clocks  of  all  kinds 5  per  ct. 

Cloves per  picul .  -  .  630 

Cloves,  mother do .360 

Coal: 

Asiatic per  ton..  .250 

Other  kinds do 600 

Asiatic,  briquettes do .  500 

Cochineal 5  per  ct. 

Cockles: 

Dried per  picul..  .500 

Fresh do 050 

Cocoa do 3.600 

Coffee do....  1.000 

Coir  canes: 

1  foot  long per  picul.-  .200 

5  feet  long per  thousand..  .300 

Coke: 

Asiatic per  ton..  .500 

Other  kinds ,.. do 900 

Compoy per  picul..  2.000 

Coral per  catty..  1.110 


152      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Coral  beads per  catty. .        .  750 

Coral,  broken  and  refuse do 560 

Cordage  of  all  kinds 5  per  ct. 

Cornelian  beads per  picul. .      7. 000 

Cornelian  stones,  rough per  hundred. .        .  300 

Corundum  sand per  picul..        .195 

Cotton  piece  goods: 

Gray  shirting^  or  sheetings,  not  exceeding  40  inches  wide  and  not 
exceeding  40  yards  long — 

(a)  Weight  7  pounds  and  under per  piece. .        .  050 

(b)  Weight  over  7  pounds  and  not  over  9  pounds do 080 

(c)  Weight  over  9  pounds  and  not  over  11  pounds do 110 

(d)  Weight  over  11  pounds do 120 

Imitation  native  cotton  cloth  (hand-made),  gray  or  bleached — 

(a)  Not  exceeding  20  inches  wide  and  not  exceeding  20  yards 

long;  weight  3  pounds  and  under per  piece.  -        .  027 

(6)  Exceeding  20  inches  wide 5  per  ct 

White  shirtings,  white  Irishes,  white  sheetings,  white  brocades,  and 
white  striped  or  spotted  shirtings:  not  exceeding  37  inches  wide  and 

not  exceeding  42  yards  long per  piece. .        .  135 

Drills,  gray  or  white:  not  exceeding  31  inches  wide  and  not  exceeding 
40  yards  long — 

(a)  Weight  12}  pounds  and  under per  piece. .        .  100 

(6)  Weight  over  12}^pounds -. do 125 

Jeans,  gray  or  white — 

(a)  Not  exceeding  31  inches  wide  and  not  exceeding  30  yards 

long perpiece.-        .090 

(6)  Not  exceeding  31  inches  wide  and  not  exceeding  40  yards 

long per  piece . .        .  120 

T  cloths,  gray  or  white — 

(a)  Not  exceeding  34  inches  wide  and  not  exceeding  24  yards 

long per  piece. .        .  070 

(6)  Not  exceeding  34  inches  wide  and  exceeding  24  yards,  but  not 

exceeding  40  yards  long per  piece. .        .  135 

(c)  Exceeding  34  inches  but  not  exceeding  37  inches  wide  and 

not  exceeding  24  yards  long per  piece. .        .  080 

Crimp  cloth  and  crape,  plain — 

(a)  Not  exceeding  30  inches  wide  and  not  exceeding  6  yards  long, 

perpiece 027 

(6)  Not  exceeding  30  inches  wide,  exceeding  6  yards  but  not 

exceeding  10  yards  long perpiece..        .035 

(c)  Not  exceeding  30  inches  wide  but  exceeding  10  yards  long, 

per  yard 003} 

White  muslins,  white  lawns:  and  white  cambrics:  not  exceeding  46 

inches  wide  and  not  exceeding  12  yards  long per  piece. .        .  032 

Mosquito  netting,  white  or  colored:  not  exceeding  90  inches  wide, 

per  yard 010 

Lenos  and  balzarines,  white,  dyed,  or  printed:  not  exceeding  31  inches 

wide  and  not  exceeding  30  yards  long per  piece..        .090 

Leno  brocades  and  balzarine  brocades,  dyed 6  per  ct 

Prints— 

(a)  Printed  cambrics,  lawns,  or  muslins:  not  exceeding  46  inches 

wide  and  not  exceeding  12  yards  long per  piece. .        .  037 


TREATIES  AND  OOITVENTIONS  WITH  CHINA  AND  KOREA.      153 

Cotton  piece  goods — Ck>ntmaed. 
Prints — Continued, 

(b)  Printed  chintzes,  printed  crai)e6,  printed  drills,  printed  fumi- 

tores,  printed  shu-tings,  printed  T-cloths  (including  those 
goods  known  as  blue  and  white  printed  T-cloths) ,  printed 
twills:  but  not  including  goods  mentioned  in  (e)  and  (h) — 

1.  Not  exceeding  20  inches  wide * 5  per  ct. 

2.  Exceeding  20  inches  but  not  exceeding  31  inches  wide 

and  not  exceeding  30  yards  long per  piece. .        .  080 

(c)  Printed  crimp  cloth — 

1.  Not  exceeding  30  inches  wide  and  not  exceeding  6 

yards  long per  piece. .        .  027 

2.  Not  exceeding  30  mches  wide,  exceeding  6  yards  but 

not  exceeding  10  yards  long per  piece.  -        .  036 

3.  Not  exceeding  30  inches  wide  but  exceeding  10  yards 

long,  per  yard 003J 

(d)  Printed  lenos  and  balzarines:  'not  exceeding  31  inches  wide  ^ 

and  not  exceeding  30  yards  long per  piece. .        .  090 

(e)  Printed  sheetings:  not  exceeding  36  inches  wide  and  not  ex- 

ceeding 43  yards  long per  piece. .        .  185 

(/)  Printed  Turkey  reds:  of  all  kinds,  not  exceeding  31  inches  wide 

and  not  exceeding  25  yards  long per  piece. .        .  100 

{g)  Printed  sateens,  printed  satinets,  printed  reps,  printed  cotton 
lastings,  including  all  cotton  piece  goods  which  are  both 
dyed  and  printed,  except  those  specified  in  (/)  and  (/i), 
and  including  any  special  finish,  such  as  mercerized  finish, 
schreiner  finish,  gassed  finish,  silk  finish,  or  electric  finish 
not  exceeding  32  inches  wide  and  not  exceeding  32  yards 
long  .- per  piece.-        .250 

(k)  Duplex  prints  or  reversible  cretonnes  (not  including  those 

goods  known  as  blue  and  white  printed  T-cloths) 5  per  ct. 

Dyed  cottons — 

(a)  Dyed  plain  cottons,  i.  e,,  without  woven  or  embossed  figures 
(including  plain  Italians,  lastings,  reps,  and  ribs,  and  all 
other  dyed  plain  cottons  not  otherwise  enumerated,  and 
including  any  special  finish,  such  as  mercerized  finish, 
^  schreiner  finish,  gassed  finish,  silk  finish,  or  electric  finish): 
not  exceeding  36  inches  wide  and  not  exceeding  33  yards 
long per  piece. .        .  240 

(6)  Dyed  figured  cottons,  i.  e.,  with  woven  or  embossed  figures 
(including  figured  Italians  and  lastings,  figured  reps,  and 
figured  ribs,  and  all  other  dyed  figured  cottons  not  other- 
wise enumerated,  and  including  any  special  finish,  such  as 
mercerized  finish,  schreiner  finish,  gassed  finish,  silk  fin- 
ish, or  electric  finish) :  not  exceeding  36  inches  wide  and 
not  exceeding  33  yards  long per  piece. .        .  150 

(c)  Dyed  crimp  cloth — 

1.  Not  exceeding  30  inches  wide  and  not  exceeding  6  yards 

long per  piece .  -        .  027 

2.  Not  exceeding  30  inches  wude,  exceeding  6  yards  but  not 

exceeding  10  yards  long per  piece. .        .  035 

8.  Not  exceeding  30  inches  wide  but  exceeding  10  yards 

long per  yard. .        .  003} 


154     TREATIES  AND  CONVENTIONS  WITH  CfilNA  AND  KOREA. 

Cotton  piece  goods — Continued. 
Dyed  cottons — Continued. 

(d)  Dyed  drills:  not  exceeding  31  inches  wide  and  not  exceeding  43 

yards  long : per  piece..        .  170 

(e)  Dyed  lenos  and  balzarines:  not  exceeding  31  inches  wide  and 

not  exceeding  30  yards  long per  piece. .         .  090 

(/)  Dyed  leno  brocades 5  per  ct. 

(g)  Dyed  muslins,  lawns,  and  cambrics:  not  exceeding  46  inches 

wide  and  not  exceeding  12  yards  long per  piece. .        .  037 

(h)  Dyed  shirtings  and  sheetings:  not  exceeding  36  inches  wide 

and  not  exceeding  43  yards  long per  piece. .        .  150 

(i)  Hongkong-dyed  shirtings:  not  exceeding  36  inches  wide  and 

not  exceeding  20  yards  long per  piece. .        .  100 

{j )  Dyed  cotton  cuts:  not  exceeding  36  inches  wide  and  not  exceed- 
ing 5^  yards  long per  piece. .        .022} 

(N.  B. — The  pro  rata  rule  does  not  apply. ) 
(k)  Dyed  T-cloths  (including  dyed  alpacianos),  dyed  real  and  imi- 
•  tation  Turkey  reds  of  all  kinds:  not  exceeding  32  inches 

wide  and  not  exceeding  25  yards  long — 

^  1.  Weight  3t  pounds  and  under per  piece. .        .060 

2.  Weightover  3i  pounds do 100 

Flannelettes  and  cotton  Spanish  stripes — 

(a)  Cotton  flannel,  Canton  flannel,  swan's-down,  flannelettes,  and 
raised  cotton  cloths  of  all  kinds,  plain,  dyed,  and  printed — 

1.  Not  exceeding  36  inches  wide  and  not  exceeding  15 

yards  long per  piece. .        .  065 

2.  Not  exceeding  36  inches  wide,  exceeding  15  yards  but 

not  exceeding  30  yards  long per  piece . .        .  130 

(6)  Dyed  cotton  Spanish  stripes — 

1.  Not  exceeding  32  inches  wide  and  not  exceeding  20  yards 

long per  piece. .        .  085 

2.  Exceeding  32  inches  but  not  exceeding  64  inches  wide 

and  not  exceeding  20  yards  long per  piece. .        .  170 

Colored  woven  cottons,  t.  c,  dyed  in  the  yam,  except  crimp  cloth 5  per  ct. 

Crimp  cloth— 

(a)  Not  exceeding  30  inches  wide  and  not  exceeding  6  yards  long, 

per  piece 027 

{h)  Not  exceeding  30  inches  wide  and  exceeding  6  yards  but  not  ex- 
ceeding 10  yards  long per  piece.  _        .  035 

(c)  Not  exceeding  30  inches  wide  but  exceeding  10  yards  long, 

per  yard 003} 

Velvets  and  velveteens,  velvet  cords,  and  fustians — 
(a)  Velvets  and  velveteens,  plain — 

1.  Not  exceeding  18  inches  wide per  yard. .        .  006 

2.  Exceeding  18  inches  but  not  exceeding  22  inches  wide, 

per  yard 007 

3.  Exceeding  22  inches  but  not  exceeding  26  inches  wide, 

per  yard 008 

(6)  Velvets  and  velveteens,  printed  or  embossed:  not  exceeding 

30  inches  wide peryard..        .015 

(c)  Dyed  velvet  cords,  dyed  velveteen  cords,    dyed  corduroys, 
dyed  fustians  of  any  description:  not  exceeding  30  inches 

wide per  yard. .        .  015 

Blankets,  cotton,  plain,  printed,  or  jacquard per  piece . .        .  030 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      155 

Cotton  piece  goods — Continued. 
HandkerchiefB,  cotton — 

(a)  Plain,  dyed,  or  printed,  not  embroidered,  hemstitched  or  ini- 
tialed: not  exceeding  1  yard  square per  dozen . .  .  020 

(6)  All  other  handkerchiefa 6  per  ct. 

Singlets  or  drawers,  cotton per  dozen..  .  125 

Socks,  cotton  (including  lisle  thread) — 

First  quality  (i.  «.,  valued  at  1  tael  or  over  per  dozen  pairs),  per 

dozen  pairs .  075 

Second  quality  (i.  e.,  value<l  at  less  than  1  tael  per  dozen  pairs), 

per  dozen  pairs .  032 

Towels,  cotton — 

(a)  Honeycomb  or  huckaback,  plain  or  printed  f  dimensions  ex- 

clusive of  fringe) — 

1.  Not  exceeding  18  inches  wide  and  not  exceeding  40  inches 

long per  dozen. .  .  020 

2.  Exceeding  18  inches  wide  and  not  exceeding  50  inches 

long per  dozen . .  .  030 

(b)  All  other  towels '. 5  per  ct. 

Cottons,  unclassed 5  jx^r  ct. 

Cotton,  raw perpicuL.  .600 

Cotton  thread: 

Ball  thread,  dyed  or  undyed do 3.000 

On  spools — 

50  yards I)er  gross. ,  .  040 

100  yards do 080 

200  yards   do 160 

Cotton  yam: 

Gray  or  bleache<l per  picul. .  .  950 

Dyed  5  per  ct. 

Gassed 5  per  ct. 

Mercerized 5  per  ct. 

VVooloa  or  berlinette per  picul. .        3. 500 

Cow  bezoar,  Indian 5  jper  ct. 

Crabs*  flesh perpicuL.  .600 

Crocodile  (including  armadillo)  scales do 2. 725 

Currants do .500 

Cutch do 300 

Cuttlefish do 667 

Dyes,  colors,  and  paints: 

Aniline 5  per  ct. 

Blue- 
Paris  per  picul. ,        1. 500 

Prussian do 1. 500 

Bronze  powder do 2.200 

Carthamin 5  per  ct. 

Chrome  yellow 5  per  ct. 

Cinnabar per  picul. ,        3.  750 

Gamboge do 2.700 

Green — 

Emerald do 1.000 

Schweinfurt,  or  imitation do....         1.000 

Indigo — 

Dried,  artificial  or  natural 5  per  ct. 


156     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Dyes,  colors,  and  painta — Continued. 
Indigo — Continued . 
Liquid — . 

Artificial perpicul..        2.025 

Natural do 215 

Paste,  artificial do 2.025 

Lead — 

Red,  dry  or  mixed  with  oil j do .  450 

White,  dry  or  mixed  with  oil do .  450 

Yellow,  dry  or  mixed  with  oil do .450 

Logwood  extract do -  .  600 

Ocher do 600 

Smalt do 1.600 

Ultramarine do .  500 

Vermilion do 4.000 

Imitation 5per  ct. 

White  zinc 5  per  ct. 

Paints,  unclassed 5  per  ct. 

Elephants*  teeth  (other  than  tusks)  and  jaws,  whole  or  part per  picul. .        3. 000 

Elephants'  tusks,  wholeorparta percatty..  .170 

Emery  cloth  and  sandpaper  (sheets  not  exceeding  144  square  inches),  per 

ream .' 250 

Emery  powder 5  per  ct. 

Enameled  ironware: 

Mugs,  cups,  basins,  and  bowls,  9  inches  or  under  in  diameter,  deco- 
rated or  not  decorated per  dozen. .  .  050 

Basins  and  bowls,  over  9  inches  in  diameter,  agate,  blue  and.  white, 

gray,  mottled,  not  decorated per  dozen. .  .  090 

Basins  and  bowls,  over  9  inches  in  diameter,  decorated  (with  gold),  per 

dozen ^.  .175 

Basins  and  bowls,  over  9  inches  in  diameter,  decorated  (without  gold) , 

per  dozen .125 

Enamel  ware,  unclassed 5per  ct. 

Fans: 

Palm-leaf — 

Coarse per  thousand..  .280 

Fine do 450 

Fancy do 1.000 

Paper  or  cotton,  of  all  kinds do 1.400 

Silk 5  perct. 

Feathers: 

Kingfisher— 

Partskins  (t.  «.,  wings,  tails,  or  backs) per  hundred..  .250 

Whole  skins do 600 

Peacock 5  perct. 

Piles.    See  Tools. 

Fireclay perpicul..  .050 

Firewood do .010 

Fish: 

Cuttle do 667 

Dried  or  smoked,  in  bulk  (including  stockfish  but  not  including  cuttle- 
fish ) per  picul . .  .  315 

Fresh do 137 

Maws do 4.250 


TBEATIES  AND  OOITVBNTIONS  WITH  CHINA  AND  KOREA.      157 

Fiah — Continued. 

Salt perpicuL.         .160 

Stock do 315 

Fiflhskins do 600 

Flints do 040 

Flour.    See  Cereals. 

Flour,  arrowroot,  potato,  sago,  tapioca,  yam 5  per  ct. 

Fungus  or  agaric perpicuL.        1.750 

Fungus,  white per  catty..         .250 

Galangal per  picul..  .170 

Gambier ^ do 300 

Gambler,  false  or  cunao  (yam-root  dyestuff) do .150 

Gamboge.: do 2.700 

Gasoline  or  stove  naphtha per  10  gallon  drum. .  .  150 

Ginseng: 
Crude — 

Fi  rst  quality  ( value  exceeding  2  taels  per  catty ) per  catty . .  .  220 

Second  quality  ( value  not  exceeding  2  taels  per  catty ) do .  072 

Clarified  or  cleaned — 

First  quality  (value  exceeding  11  taels  per  catty) do....        1. 100 

Second  quality  (value  exceeding  6  taels  but  not  exceeding  11  taels 

percatty) percatty..         .375 

Third  quality  (value  exceeding  2  taels  but  not  exceeding  6  taels 

per  catty) per  catty..  .  220 

Fourth  quality  ( value  not  exceeding  2  taels  per  catty ) do....  .  080 

Glass: 

Plate- 
Silvered  per  square  foot..  .025 

Unsilvered 5  per  ct. 

Window- 
Colored,  stained,  ground,  or  obscured,  .per  box  of  100  square  feet. .  .  350 

Common,  not  stained,  colored,  or  otherwise  obscured do .  170 

Glass  powder  {see  match-making  materials) per  picul. .  .  110 

Glue do 830 

Gold  thread,  imitation.    See  Thread. 

Groundnuts do .150 

Gum  arable •. , do....        1.000 

Gum  benjamin do .600 

Gum  benjamin,  oil  of 5  per  ct 

Gum  dragon's  blood per  picul..        4.000 

Gum  myrrh do .465 

Gumolibanum do ,450 

Gum  resin do .187 

Gutta-percha.    See  India  rubber. 

Hair,  horse do 1.400 

Hair,  horsetails do 2.500 

Hams 5  per  ct 

Handkerchiefs.    See  Cotton  piece  goods. 

Hartall  or  orpiment per  picul..  .450 

Hemp 1 5  per  ct 

Hessians  or  burlaps,  all  weights per  1,000  yards..        2.850 

Hide  poison  or  specific 5perct 

Hides,  buffalo  and  cow perpicuL.         .800 

Hollow-ware:  cast  coated  or  tinned do .500 


158     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Hoofs,  animal per  picul . .  .  125 

Hops 5perct 

Horns: 

Buffalo  and  cow per  picuL .  .  350 

Deer 5  per  ct. 

Rhinoceros per  catty .  -  2. 400 

Hosiery.    See  Cotton  piece  goods  (socks). 

India-rubber  and  gutta-percha  articles  (other  than  boots  and  shoes) 5  per  ct. 

India-rubber  and  gutta-percha,  crude per  picul. .  3. 140 

Indiarrubber  boots per  pair. .  .  080 

India-rubber  shoes do .  020 

India-rubber,  old  (fit  only  for  remanufacture) per  picul.,  .  250 

Indigo: 

Dried,  artificial  or  natural 5  per  ct. 

Liquid — 

Artificial per  picul..  2.025 

Natural do 215 

Paste,  artificial do 2.025 

Ink,  printing 5  per  ct. 

Isinglass  (fish  glue) per  picul.,  4.000 

Isinglass,  vegetable do 1. 750 

Jams  and  jellies  in  tins,  bottles,  or  jars: 

1-pound per  dozen. .  .  060 

2-pound do .118 

Joss  sticks per  picul. .  .  640 

Kerosene  oil  cans  and  cases,  empty per  2'cans  in  1  case. .  .  005 

Lace  open  work  or  insertion  work  of  cotton,  machine  made: 

(a)  Not  exceeding  1   inch  wide,  outside  measurement,  per  12  dozen 

yards , 050 

{h)  Exceeding  1  inch  but  not  exceeding  2  inches  wide,  outside  meas- 
urement   per  12  dozen  yards.  -  .  100 

(c)  Exceeding  2  inches  but  not  exceeding  3  inches  wide,  outside  meas- 

urement   per  12  dozen  yards..  .166 

(d)  Exceeding  3  inches  wide,  outside  measurement,  per  12  dozen  yards  .  216 
Lace  open  work  or  insertion  work  of  any  fibrous  material  except  silk  or 

cotton  or  imitation  gold  or  silver  thread: 

(a)  Machine  made •- per  catty. .  .500 

(6)  Handmade  (including  cotton)  do 2.400 

Lacquer  ware 5  per  ct. 

Lamps  and  their  accessories 5  per  ct. 

Lamp  wick per  picul. .  2. 000 

Lardy  pure  or  compound do .  600 

Lead  red,  white,  yellow,  dry  or  mixed  with  oil do .450 

Leather: 

Belting 5  per  ct. 

Calf per  picul..  7.000 

Colored do 7.000 

Cow do 2.500 

Harness  ( not  including  enameled  or  pigskin) do. ...  3. 000 

Kid do..-.  7.000 

Sole do....  2.500 

Patent do 7.000 

All  other  kinds 5  per  ct. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA        159 

Lichees,  dried perpicul..  .450 

Lily  flowers,  dried do .326 

lily  seed  ( i.  e.,  lotus  nuts  without  husks)  do 1. 000 

Lime,  chloride  of do .  300 

Linen 5  per  ct 

Liqueurs.    See  Wines,  etc. 

Licorice per  picul. .  .  500 

Logwood  extract do .  600 

Lotus  nuts  (i.  ^.,  lily  seeds  w^ith  huska) do .  400 

Lucraban  seed do .  360 

Lung-ngan  pulp do .  550 

Lung-ngans,  dried do .  450 

Marcaroni  and  vermicelli,  and  similar  pastes do .325 

Mace 5per  ct. 

Machines,  sewing,  hand  or  foot 5  per  ct. 

Madeira.    See  Wines,  etc.  (vins  de  liqueur). 
Malaga.    See  Wines,  etc.  (vins  de  liqueur). 

Malt per  picul . .  .370 

Mangrove  bark do .  073 

Manure,  ch*>mical 5  per  ct. 

Margarin,  in  tins,  jars,  or  kegs per  picuL.  1.400 

Marsala.    5^  Wines,  etc.  (vins  de  liqueur). 
Matches: 

Rainbow  or  brilliant per  50  gross  boxes..  1.500 

Wax  vestas:  not  exceeding  100  in  a  box per  10  gross  boxes. .  1. 000 

Wood,  safety  or  other — 

Large:  boxes  not  exceeding 2 J  by  1 J  by  }  inches,  per  50  gross  boxes. .  .  630 

Small :  boxes  not  exceeding  2  by  1  i  by  f  inches,  per  100  gross  boxes . .  .  920 

Boxes  exceeding  above  sizes 5  per  ct. 

Match-making  materials: 

Glass  pow^der per  picul. .  .  110 

Phosphorus do 4. 125 

Splints do 088 

Wax,  paraflBn do 500 

Wood  shavings do .113 

Mats: 

Coir  (door) .*. per  dozen. .  1. 000 

Formosa,  grass  (bed) each..  .050 

Rush per  hundred-.  .500 

Straw do 225 

Tatami each..  .046 

Matting: 

Coir:  not  exceeding  36  inches  wide per  roll  of  100  yards. .  2. 760 

Straw :  not  exceeding  36  inches  wide per  roll  of  40  yards. .  .  250 

Meats,  in  bulk: 

Beef,  corned,  pickled,  in  barrels perpicul..  .375 

Dry-salted  meat,  in  boxes  and  barrels do •  475 

Dry  sausages do ,  808 

Ham  and  breakfast  bacon,  in  boxes  or  barrels 5  per  ct. 

Lard,  pure  or  compound per  picul. .  •  600 

Melon  seeds do .  250 

Metals: 

Antifriction 5  per  ct. 

Antimony per  picul. .  .  700 


160     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Metalfl— CJontinued. 

Braee  and  yellow  metal 

Bars  and  rods per  picuL.        1.150 

Bolts  and  nuts  and  accessories do 1.160 

Foil do....        1.676 

Nails do..-.        1.150 

Screws / 5  per  ct 

Sheets,  plates,  and  ingots per  picul. .        1. 150 

Tubes do 1.160 

Wire do....        1.160 

Copper — 

Barsandrods do 1.300 

Bolts,  nuts,  rivets,  and  washers 5  per  ct. 

Ingots per  picul..        1.176 

Nails do....        1.300 

Sheets  and  plates do 1.300 

Slabs do....        1.176 

Tacks 5per  ct 

Tubes 6  per  ct. 

Wire per  picul..        1.300 

Dross — 

Iron do 160 

Iron  and  tin do .300 

Tin do 500 

German  silver — 

Sheets do 2.200 

Wire do....        1.600 

Iron  and  mild  steel,  new — 

Anchors,  and  parts  thereof;  mill  iron;  mill  and  ship's  cranks; 
Hnd    forgings    for   vessels,    steam   engines,    and    locomotives 

(weighing  each  25  pounds  or  over) per  picul..  .266 

Angles do .140 

Anvils  and  parts  of do .400 

Bar do 140 

Bolts  and  nuts 5  per  ct 

Castings,  rough perpicul..  .140 

Chains,  and  parts  of « do .265 

Cobbles  and  wire  shorts do .130 

Hoops do '    .140 

Kentledge do 075 

Nail  rod do 140 

Nails — 

Wire do 200 

Other  kinds : 5perct 

Kg perpicul-.  .076 

Pipes  and  tubes 6  perct 

Plate  cuttings per  picul. .  .  110 

Plates  and  sheets do .140 

Rails do 125 

Rivets do 250 

Screws 5  perct 

Sheets  and  plates perpicul..         .140 

Tacks,  blue,  of  all  sizes do 400 

Wire .^.do....  .        .250 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      161 

Metals — Continued. 

Iron  and  mild  steel,  new — CJontinued. 

Bolts  and  nuts 6  i)erct. 

Cobbles  and  wire  shorts per  picul..         .130 

Sheets- 
Corrugated w do 275 

Tlain do 275 

Tubes 5  per  ct. 

Wire perpicul-.         .250 

Wire,  shorts do 130 

Iron,  old,  and  scrap,  of  any  description  (fit  only  for  remanufacture) 

perpicul 090 

Lead- 
Pigs perpicul..  .285 

Sheets do 330 

Lead  pipes do .375 

Nickel,  unmanufactured \ do 2. 600 

Quicksilver do 4. 280 

Spelter do 375 

Steel- 
Bamboo do 250 

Bars do 250 

Plates  and  sheets do .  250 

Tool,  and  cast do 750 

Wire  and  wire  rope : do .  750 

Steel,  mild.    See  Iron. 
Tin- 
Compound 5  per  ct 

Foil 5  per  ct 

Sheets  and  pipes per  picul. .        1.  725 

Slabs do-..-        L500 

^Tacks,  blue,  of  all  sizes do. .  -  -  .  400 

Tinned  plates — 

Decorated do 350 

Plain do 290 

White  metal — 

Sheets do 2.200 

Wire do.-..        1.500 

Yellow  metal.     See  Brass. 
Zinc — 

Boilerplates do 600 

Powder do 400 

Sheets,  including  perforated do .  520 

Milk,  condensed,  in  tins per  case  of  4  dozen  1-pound  tins. .  .  250 

Mineral  waters per  12  bottles  or  24  half  bottles. .  .  050 

Mirrors 5  per  ct 

Morphia,  in  all  forms per  ounce..        3.000 

Molding per  thousand  feet. .        1. 050 

Mushrooms 1 per  picul. .        1 .  800 

Musical  boxes 5  per  ct. 

Musk per  catty..        9.000 

Mussels,  dried ♦ perpicul..  .400 

27938—04 11 


162      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Needles: 

No.  7-0 per  lOOmiUe..  1.800 

No.  3-0 do....  1.500 

Assorted,  not  including  7-0 do .  985 

NutgalLs per  picul. .  .  870 

Nutmegs do 1.500 

Oakum del.-  .500 

Oil: 

Castor — 

Lubricating do.  .„.  .  510 

Medicinal do 1.000 

Clove per  catty..  .150 

Cocoanut per  picul . .  .  400 

Colza per  American  gallon..  .050 

Engine — 

(a)  Wholly  or  partly  of  mineral  origin do....  .015 

(6)  All  other  kinds  (except  castor) do .  025 

Ginger per  picul . .  6. 750 

;^erosene per  case  of  10  American  gallons. .  .  070 

In  bulk per  10  American  gallons. .  .  050 

Olive per  imperial  gallon. .  .  062 

Sandalwood per  catty. .  .  240 

Woo<i per  picul . .  .  500 

Oil  cans  and  cases  (kerosene)  empty per  2  cans  in  1  case..  .005 

Olives,  fresh,  pickled,  or  salted per  picul..  .  180 

.     ,  (duty..  30.000 

^P'"^ P^^P^^_^|likin..  80.000 

Husk per  catty..  .062 

Orange  peel per  picul. .  .  800 

Oysters,  dried 5  per  ct. 

Packing,  asbestus.    See  Asbestus. 

Packing,  engine  and  boiler,  all  other  kinds 5  per  ct. 

Paints.    See  Dyes,  colors,  and  paints.  "^ 

Paper: 

Cigarette:  not  exceeding  2  by  4  inches per  100,000  leaves. .  .  125 

Printing — 

Calendered  and  (or)  sized per  picul..  .700 

Not  calendered  or  unsized do .300 

Writing  or  foolscap do 1.200 

All  other  kinds  « 5  per  ct. 

Peel,  orange per  picul..  .800 

Pepper: 

Black do 760 

Whi^te do 1.330 

Perfumery 5  per  ct. 

Phosphorus per  picul..  .    4.125 

Pitch do 125 

Plushes  and  velvets: 

(a)  Plushes  and  velvets  of  pure  silk per  catty..  .650 

(6)  Silk  seal  (with  cotton  back) do 200 

(c)  Plushes  and  velvets  of  silk  mixed  with  other  fibrous  materials 

(with  cotton  back) per  catty. .  .  l.'H) 

(d)  Plushes,  all  cotton  (including  mercerized) do .110 

(e)  Velvets,  cotton.    See  Cotton  piece  goods. 

o  Glazed  printing  paper  remains  5  per  cent  ad  valorem  by  new  tariff  between  China 
and  France,  signed  March  30,  1904. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOKEA.   163 

Pork  rind per  picul . .        0. 500 

Prawns,  dried  (see  also  Shrimps) do 1.000 

Preserved  fruits,  in  glass  bottles,  jars,  cardboard  or  wooden  boxes,  includ- 
ing weight  of  immediate  package  per  picul.-  .650 

Purses,  leather  ( not  including  silver  or  gold  mounted ) per  gross .  -  .  500 

Putchuck per  picul--  .715 

Raisins  and  currants do .500 

Rattan: 

Chairs.. 5  per  ct. 

CJore per  picul. .  .  225 

Skin do 750 

Rattans: 

Split do 325 

Whole do 225 

Resin do 187 

Ribbons,  silk,  silk  and  cotton,  silk  and  other  fibers,  with  or  without  imita- 
tion gold  or  silver  thread per  catty. .  .550 

Rope 5  per  ct. 

Rose  maloes per  picul..        1.000 

Safflower do 525 

Sake: 

In  barrels do 400 

In  bottles per  12  bottles  or  24  half  bottles. .  .110 

Saltpeter  and  nitrate  of  soda per  picul. .  .  325 

Sand,  red '. do 045 

Sandalwood do .  400 

Sapan  wood do 112 

Sea-horse  teeth 5  per  ct. 

Seaweed: 

Cut per  picul.-  .150 

Long do 100 

Prepared do 1.000 

Seed: 

Lily  (i.  e.,  lotus  nuts  without  husks) do 1. 000 

Lotus  nuts  (t.  «.,  lily  seeds  with  husks) do .  400 

Lucraban do .  350 

Melon do 250 

Pine,  or  fir  nuts do .200 

Sesamum do .200 

Sharks'  fins: 

Black do....        L608 

Clarified  or  prepared do 6. 000 

White do....        4.600 

Shellac do 2.500 

Shells: 

Mother-of-pearl 1 do .  700 

Other  kinds 5  per  ct. 

Sherry.     See  Wines,  etc.  (vins  de  liqueur). 
Shoes  and  boots,  india-rubber,  for  Chinese: 

Boots per  pair . .  .  080 

Shoes do 020 

Shrimps,  dried  {see  also  Prawns) per  picul..  .630 

Silk  piece  goods,  all  silk  (including  crape): 

(a)  Plain per  catty..  .325 

(6)  Brocaded  or  otherwise  figured do .  700 


164  TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Silk  piece  goods,  mixtures  {i.e.,  silk  and  cotton,  or  silk  and  other  materials) 
(including  crape  but  not  including  mixtures  with  real  or  imitation  gold 
or  silver  thread): 

(a)  Plain per  catty..        0.250 

(6)  Brocaded  or  otherwise  figured do....  .500 

Silver  thread,  imitation.     (See  Thread. ) 

Sinews: 

Buffalo  and  cow  . per  picul..  .550 

Deer do 1.050 

Singlets  or  drawers: 

Cotton per  dozen..  .  125 

Mixture 5  per  ct 

Skins: 

Fish per  picul . .  .600 

Sharks 5  perct 

Smalt per  picul.-        1.600 

Snuff 5  per  ct 

Soap: 

Household  and  laundry  (including  blue  mottled),  in  bulk,  bars,  and 

doublets  weighing  not  less  than  one-half  pound  each per  picul . .  .  240 

Toilet  and  fancy 5  perct. 

Socks,  cotton  (including  lisle  thread): 

First  quality  (i.  «.,  valued  at  1  tael  or  over  per  dozen  pairs),  per  dozen 

pairs .  075 

Second  quality  (i.  e.,  valued  at  less  than  1  tael  per  dozen  pairs),  per 
dozen  pairs , .  032 

Soda: 

Ash per  picul. .  .  150 

Bicarbonate do .  150 

Caustic do 225 

Crystals    do 120 

Crystals,  concentrated do .  140 

Soy do 250 

Spirits.     (See  Wines,  etc. ) 

Spirits  of  wine.     (See  Wines,  etc. ) 

Stick-lac do 700 

Stout.     (See  Wines,  etc.) 

Sugar: 

Brown,  up  to  No.  10  Dutch  standard do .  190 

Candy do 300 

Whit^,   No.    11    Dutch   standard  and   over,  including  cube  and  re- 
fined  "per  picul..  .240 

Sulphur  and  brimstone: 

Crude do 150 

Refined do 260 

Sulphuric  acid do .  187 

Sunshades.     (Sfc  Umbrellas.) 

Telescopes,  binoculars,  and  mirrors 5  per  ct 

Thread: 

Cotton — 

Balls,  dyed  orundyed per  picul..        3.000 

Spools  (50  yards) per  gross..  .040 

Gold  and  silver — 

Imitation  (on  silk) 5  perct 

Real 5  perct 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBE  A.      165 

Thread — Continued. 

Gold,  imitation  (on  cotton) per  catty..        0. 125 

Silver,  imitation  (on  cotton) do .090 

Tiles  6  inches  square ^ per  hundred . .  .  600 

Timber: 

Beams — 

Hardwood per  cubic  foot..  .020 

Soft  wood  (including  Oregon  pine  and  California  redwood:  on  a 

thickness  of  1  inch) per  1,000  superficial  feet..        1.150 

Teak  wood per  cubic  foot..  .081 

Laths per  thousand. .  .  210 

Masts  and  spars — 

Hard  wood : 5  per  ct. 

Soft  wood ! 5  per  ct. 

Piles  and  piling  (including  Oregon  pine  and  California  redwood,  on  a 

thickness  of  1  inch) per  1,000  superficial  feet. .        1. 150 

Planks- 
Hard  wood , per  cubic  foot..  .020 

Teak  wood do 081 

Planks  and  flooring — 

Soft  wood   (including  Oregon  pine  and  California  redwood,  and 
allowing  10  per  cent  of  each  shipment  to  be  tongued  and  grooved : 

on  a  thickness  of  1  inch) per  1,000  superficial  feet. .        1. 150 

Softwood  (tongued  and  grooved,  in  excess  of  above,  10  per  cent).  5  per  ct. 

Bailway  sleepers 5  per  ct. 

Teak-wood  lumber,  of  all  lengths  and  description per  cubic  foot. .  .  081 

Tinder per  picul. .  .  350 

Tin  foil 5  per  ct. 

Tobacco: 

Leaf per  picul. .  .800 

Prepared — 

In  bulk  ../. do 950 

In  tins  or  packages  under  5  pounds  each 5  per  ct. 

Tools: 

Axes  and  hatchets per  dozen. .  .  500 

Files,  file  blanks,  rasps,  and  floats,  of  all  kinds — 

Not  exc^teding  4  inches  long do. .  J .  .  040 

Exceeding  4  inches  and  not  exceeding  9  inches  long do .  072 

Exceeding  9  inches  and  not  exceeding  14  inches  long do .168 

Exceeding  14  inches  long do .  224 

Tortoise  shell per  catty..  .450 

Trimmings: 

Bead 5  per  ct. 

Cotton  (pure  or  mixed  with  other  materials  but  not  silk) 5  per  ct. 

Cotton  (mixed  with  silk  and  immitation  gold  or  silver  thread) 5  per  ct. 

Tumeric per  picul..  .185 

Turpentine per  gallon. .  .  036 

Twine 5  per  ct. 

Ultramarine per  picul. .  .  500 

Umbrella  frames per  dozen..  .080 

Umbrellas,  parasols,  and  sunshades: 

With  handles  wholly  or  partly  of  precious  metals,  ivory,  mother-of- 
pearl,  tortoise  shell,  agate,  etc.,  or  jeweled 5  per  ct. 


166     TREATIES  AND  OONVllNTIONS  WITH  CHINA  AND  KOBEA. 

Umbrellas,  parasols,  and  sunshades — Gontinned. 
With  all  other  handles — 

Cotton each--        0.020 

Mixtures,  not  silk do .  030 

Silk  and  silk  mixtures do .  080 

Varnish,  crude  lacquer,  gum  lacquer,  or  oil  lacquer 5  per  ct. 

Vaseline 5  per  ct. 

Vegetables,  dried  and  salted  or  pickled,  in  bulk 5  per  ct. 

Vermicelli per  picul . .  .  325 

Vermilion do 4. 000 

Vermuth.    See  Wines,  etc. 

Watches,  of  all  kinds 5  per  ct. 

Waters,  aerated  and  mineral per  12  bottles  or  24  half  bottles. .  .  050 

Wax: 

Bees,  yellow per  picul  - .        1. 600 

Japan do 650 

Paraffin do 600 

Sealing 5  per  ct 

White 5per  ct. 

Wines,  etc.: 

Champagnes  and  all  other  sparkling  wines,  in  bottles,  per  case  of  12 

bottles  or  24  half  bottles 650 

Still  wines,  red  or  white,  exclusively  the  produce  of  the  natural  fer- 
mentation of  grapes — 

(a)  Having  less  than  14°  of  alcohol — 

1.  In  bottles per  case  of  12  bottles  or  24  half  bottles. .  .  300 

2.  In  bulk per  imperial  gallon. .  .  025 

(6)  Having  14°  or  more  of  alcohol;  also  vins  de  liqueur  other  than 

port — 

1.  In  bottles per  case  of  12  bottles  or  24  half  bottles  .  -  .  500 

2.  In  bulk per  imperil  gallon.-  .150 

Port  wine — 

In  bottles per  case  of  12  bottles  or  24  half  bottles..  .  700 

In  bulk per  imperial  gallon.-  .  175 

Vermuth  and  byrrh per  case  of  12  liters.  -  .250 

Sake: 

In  barrels per  picul..  .400 

In  bottles per  case  of  12  bottles  or  24  half  bottles. .  .  110 

Brandies  and  whiskies,  in  bulk per  imperial  gallon . .  .125 

Brandy  and  cognac,  in  bottles per  case  of  12  reputed  quarts ...  .500 

Whisky,  in  bottles do 350 

Other  spirits  (gin,  rum,  etc. ) — 

In  bottles do 200 

In  bulk per  imperial  gallon..  .090 

Spirits  of  wine,  in  packages  of  any  description do .  028 

Ales,  beers,  cider,  and  perry — 

In  bottles per  case  of  12  reputed  quarts  or  24  reputed  pints. .  .  085 

In  casks per  imperial  gallon..  .020 

Porters  and  stouts — 

In  bottles per  case  of  12  reputed  quarts  or  24  reputed  pints.  -  .  100 

In  casks per  imperial  gallon. .  .  025 

Liqueurs 5  per  ct. 

Wood: 

Camagon per  picul..  .090 

Ebony do 200 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOKBA.      167 

Wood—  Contmued . 

Fraf<rant 5  perct. 

Garoo per  catty..        .100 

Kranjee 5  per  ct. 

laka per  i^icul..        .  125 

Ligniim-yitse 5  per  ct. 

Puru per  picul . .        .  075 

Red do 200 

Rose do 200 

Sandal do 400 

Sapan do .112 

Scented 5  per  ct 

Shaving??,  Hinoki per  picul. .      1. 000 

Woolen  and  cotton  mixtures: 

Flannel  (woolen  and  cotton) :  not  exceeding  33  inches  wide,  per  yard.        .  016 
Italian  cloth,  plain  or  figured,  having  warp  entirely  cotton  and  all  one 

color,  and  weft  entirely  wool  and  all  one  color:  not  exceeding  32 

inches  wide  and  not  exceeding  32  yards  long per  piece. .        .  372 

Poncho  cloth :  not  exceeding  76  inches  wide per  yard . .        .  030 

Spanish  stripes  (woolen  and  cotton):  not  exceeding  64  inches  wide, 

per  yard 014 

Union  cloth:  not  exceeding  76  inches  wide per  yard..        .  03,0 

Woolen  and  cotton  mixtures,  unclassed,  including  alpacas,  lusters, 

Orleans,  Sicilians,  etc 5  perct. 

Woolen  manufactures: 

Blankets  and  rugs per  pound. .        .020 

Broadcloth:  not  exceeding  76  inches  wide i>er  yard . .        .  047} 

Bunting:  not  exceeding  24  inches  wide  and  not  exceeding  40  yards 

long per  piece. .        .  200 

Camlets,  Dutch:  not  exceeding  33  inches  wide  and  not  exceeding  61  ^ 

yards  long per  piece. ,      1. 000 

Camlets,  English:  not  exceeding  31  inches  wide  and  not  exceeding  61 

yards  long per  piece. .        .  500 

Flannel:  not  exceeding  33  inches  wide per  yard. .        .  015 

Habit  cloth:  not  exceeding  76  inches  wide do 047i 

Lastings,  plain,  figured  or  craped:  not  exceeding  31  inches  wide  and 

not  exceeding  32  yards  long per  piece..        .450 

Llama  braid per  picul..      5.000 

Long  ells:  not  exceeding  31  inches  wide  and  not  exceeding  25  yards 

long per  piece..        .250 

Medium  cloth:  not  exceeding  76  inches  wide per  yard. .        .  047} 

Russian  cloth:  not  exceeding  76  inches  wide do 047} 

Spanish  stripes:  not  exceeding  64  inches  wide do 021 

Woolens  (unclassed) 6  perct. 

Woolen  and  worsted  yams  and  cords  ( not  inclading  Berlin  wool)  per  picul.      5. 300 

Berlin  wool do 4.000 

Wooloa  or  berlinette do 3.500 

Worm  tablets,  in  bottles,  not  exceeding  60  pieces per  dozen . .        .  035 

Yam: 

Afibestus per  picul..      2.250 

Coir 5  perct 

Cotton- 
Bleached  or  gray perpicul..        .950 

Dyed 5  perct 


168     TBEATIES  AND  0OXVENTION8  WITH  CHINA  AND  KOSEA. 

Yam — Continued. 

Cotton — Continued. 

Gray per  picul. .        0. 060 

Mercerized  or  gassed 5  per  ct. 

Wooloa  or  berlinette perpicuL.        3.500 

Wool,  Berlin do 4.000 

Woolen  and  worsted  ( not  including:  Berlin  wool ) do 5. 300 

Note. — If  any  of  the  articles  enumerated  in  this  tariff  are  imported  in  dimensions 
exceeding  those  specified,  the  duty  is  to  be  calculated  in  proportion  to  the  measure- 
ments as  defined. 

RULES. 

RuUL 

Imports  unenumerated  in  this  Tariff  will  pay  Duty  at  the  rate  of  5  per  cent,  ad 
valorem;  and  the  value  upon  which  Duty  is  to  be  calculated  shall  be  the  market 
value  of  the  goods  in  local  currency.  This  market  value  when  converted  into  Haik- 
wan  Taels  shall  be  considered  to  be  12  per  cent,  higher  than  the  amount  upon  which 
Duty  is  to  be  calculated. 

If  the  goods  have  been  sold  before  presentation  to  the  Customs  of  the  Application 
to  pay  Duty,  the  gross  amount  of  the  bona  fide  contract  will  be  accepted  as  evidence 
of  the  market  value.  Should  the  goods  have  been  sold  on  c.  f.  and  i.  terms,  that  is 
to  say,  without  inclusion  in  the  price  of  Duty  and  other  changes,  such  c.  f.  and  i. 
price  shall  be  taken  as  the  value  for  Duty-paying  purposes  without  the  deduction 
mentioned  in  the  preceding  paragraph. 

If  the  goods  have  not  been  sold  before  presentation  to  the  Customs  of  the  Applica- 
tion to  pay  Duty,  and  should  a  dispute  arise  between  Customs  and  importer  regarding 
the  value  or  classification  of  goods,  the  case  will  be  referred  to  a  Board  of  Arbitration 
composed  as  follows: 

An  official  of  the  Customs;  a  merchant  selected  by  the  Consul  of  the  importer;  and 
a  Merchant  differing  in  nationality  from  the  importer,  selected  by  the  Senior  Consul. 

Questions  regarding  procedure,  etc. ,  which  may  arise  during  the  sittings  of  the 
Board  shall  be  decided  by  the  majority.  The  final  finding  of  the  majority  of  the 
Board,  which  must  be  announced  within  fifteen  days  of  the  reference  (not  includiug 
holidays),  will  be  binding  upon  both  parties.  Each  of  the  two  merchants  on  the 
Board  will  be  entitled  to  a  fee  of  Ten  Haikwan  Taels.  Should  the  Board  sustain  the 
Customs  valuation,  or,  in  the  event  of  not  sustaining  that  valuation,  should  it  decide 
that  the  goods  have  been  undervalued  by  the  importer  to  the  extent  of  not  less  than 
7i  per  cent.,  the  importer  will  pay  the  fees;  if  otherwise,  the  fees  will  be  paid  by  the 
Customs.  Should  the  Board  decide  that  the  correct  value  of  the  goods  is  20  per  cent 
(or  more)  higher  than  that  upon  which  the  importer  originally  claimed  to  pay  Duty, 
the  Customs  authorities  may  retain  possession  of  the  goods  until  full  Duty  has  been 
paid  and  may  levy  an  additional  Duty  equal  to  four  times  the  Duty  sought  to  be 
evaded. 

In  all  cases  invoices,  when  available,  must  be  produced  if  required  by  the  Customs. 

RvlelL 

The  following  will  not  be  liable  to  Import  Duty:  Foreign  Rice,  Cereals,  and  Flour; 
Gold  and  Silver,  both  Bullion  and  Coin;  Printed  Books,  Charts,  Maps,  Periodicals, 
and  Newspapers;  Samples  in  reasonable  quantities,  and  certified  to  be  for  show  and 
not  for  sale;  Government  Stationery  for  Consulates  in  China;  Passengers  Baggage  for 
bona  fide  private  use;  Circulars,  etc.,  distributed  gratis  by  mercantile  houses;  and 
Private  Effects  (not  including  Wines,  Stores,  and  Tobacco)  of  individual  Foreigners 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      169 

imported  by  themselves  for  their  own  personal  use  and  not  for  sale,  provided  that  the 
Customs  authorities  are  satisfied  that  the  articles  in  question  fulfil  these  conditions. 

A  freight  or  part  freight  of  Duty-free  commodities  (personal  baggage  of  less  than 
twenty  passengers  and  Gold  and  Silver  Bullion  and  Foreign  Coins  excepted)  will 
render  the  vessel  carrying  them,  though  no  other  cargo  be  on  board,  liable  to  Tonnage 
Dues. 

Drawbacks  will  be  issued  for  Ships  Stores  and  Bunker  Coal  when  taken  on  board. 

RuU  III, 

Except  at  the  requisition  of  the  Chinese  Government,  or  for  sale  to  Chinese  duly 
authorized  to  purchase  them,  Import  trade  is  prohibited  in  all  Arms,  Ammunition, 
and  Munitions  of  War  of  every  description.  No  Permit  to  land  them  will  be  issued 
until  the  Customs  have  proof  that  the  necessary  authority  has  been  given  to  the 
importer.  Infraction  of  this  rule  will  be  punishable  by  confiscation  of  all  the  goods 
concerned.    The  import  of  Salt  is  absolutely  prohibited. 

ShBNO   HS&AIV-HUAI 

LtJ  Hai-huan 
Subject  to  the  approval  of  His  Imp.  <&  Roy. 

Apostolic  Majesty's  Government  E  v.  Hibsch 
Ad  referendum  D.  Sifpert. 
De  Boy6. 
Jas.  L.  Mackay 
E.  HioKi, 
M.  Odagibi 
J.  Yamaoka 
Ad  referendum  advocaat  F.  B.  v' Jacob 

John  Goodnow« 


TO  ACCOMPANY  TREATY  BETWEEN  THE  UNITED  STATES  AND  CHINA 
FOR  THE  EXTENSION  OF  THE  COMMERCIAL  RELATIONS  BETWEEN 
THEM, 

Signed  at  Shanghai,  October  8,  1903. 

NOTE. 

Shanghai  Aug.  29th  1902. 
Your  Excellencies, 

With  reference  to  the  New  Tariff  which  has  just  been  signed, 
this  note  puts  on  record  that  the  following  words  have  been  erased 
from  Rule  II  of  the  Rules  at  the  end  of  the  Tariff; — "  Samples  in 
reasonable  quantities  &  certified  to  be  for  show,  &  not  for  sale;  Gov- 
ernment stationery  for  Consulates  in  China,  passengers'  baggage  for 
bon&  fidfi  private  use;  circulars,  &c,  distributed  gratis  of  Mercantile 
houses;  and  private  effects  (not  including  wines,  stores  &  tobacco)  of 
individual  foreigner  imported  by  themselves  for  their  own  personal  use 
&  not  for  sale  provided  that  the  Custom  Authorities  are  satisfied  that 
the  articles  in  question  fulfil  these  conditions";  and  also  "personal 
baggage  of  less  than  twenty  passengers  and  " 

It  is  understood  between  the  Foreign  &  Chinese  Commissioners 
that,  though  the  above  words  have  been  eliminated  from  the  Rules, 

a  Signed  by  representative  of  France  March  30,  1904,  with  change  noted,  supra, 
p.  162. 


170     TREATIES  AND  OONVElTriONS  WITH  CHINA  AND  KOBEA. 

the  matter  therein  referred  to  will  be  dealt  with  by  the  Inspector 
General  of  the  Imperial  Maritime  Customs  at  his  discretion  in  accord- 
ance with  the  instructions  issued  by  him  subsequent  to  the  Final 
Protocol  of  the  7th  September  1901.  - 
We  have  the  honour  to  be, 

Your  Excellencies'  obedient  servants 

HiBSGH 

D.  SiFFEBT 

Db.  BoYife 
Jas.  L.  Mackay 

E.  HiOKi 

J.  Yamaoka 
Advocaat  F.  B.  v'  Jacob 

D.  SiFFEBT 

John  Goodnow 

DUTY  FREE  LIST. 
(Vide  T.  G.  Circulars  Nob.  979,  984,  1016,  1020,  1022,  1025,  1026.) 

Instructions  received. 
12th  Oct.  1901.        1.  Foreign    Rice,   cereals    and  flour,  gold  and  silver 

coined  and  uncoined, 
icth  Oct.  1901         2.  Legations  supplies  from  abroad. 
Tth  Nov.  1901.         3.  Supplies  for  the  use  of  Foreign  forces  Military  and 

Naval. 
19th  Api.  1902         4.  Official  stationery  actually  transmitted  by  foreign 

Government  Departments  for  Foreign  Consulates. 
1  May,  1902  5.  Supplics  uudcr  Government  stores  Certificates. 

81  May,  1902  6.  Materials  for  Railways  the  import  of  which  "free" 

is   provided  for    by  agreements    antedating  the    Peace 

Protocol, 
loth  May,  1902        7.  Samples;  in  reasonable  quantities  certified  for  show 

and  not  for  sale. 
8 June,  1902  8.  Circulars,    etc.,   distributed    gratis    by    mercantile 

houses, 
mh  Oct.  1901         9.  The  bona  fide  baggage  of  travUers  i.  e.  passengers 

8  June.  1902  •    •  -xi.  -^  xu  u  i     lu 

luggage  arriving  either  with  the  owner  or  by  a  vessel  other 
than  that  by  which  the  passenger  travels. 

8  June,  1902  10.  Clothiug,  books,  picturcs  and  furniture  already  in 

use  when  brought  in  by  residents  and  not  for  sale. 

81  May,  1902  N.  B.  Ships  Coal  and  provisions  are  entitled  to  draw- 

backs. 


cmisr^. 


II. 

DECURATIONS;  ARRANGEMENTS. 

ARRANOKD  CHRONOIiOGICAIiliY. 


171 


No.  21. 

FRANCE. 

DECLARATION  CONCERNING  THE  NON-ALIENATION  OF  THE  ISLAND 

OF  HAI-NAN.a 

15  March,  1897. 

The  Tsung-li  YamSn  to  Mr.  Gerard,  Minister  of  the  French 
Republic  at  Peking. 

[Translation.] 

13th  Day,  2d  Moon,  23d  Year  Kuang-hsC. 

(15  March,  1897.) 

The  1st  day  of  the  2d  moon  of  the  23d  year  Kuang-hsu  (March  3, 
1897),  we  received  a  despatch  in  which  you  inform  us  that  France, 
considering  the  close  friendly  and  neighborly  relations  maintained 
with  China,  attaches  great  importance  to  the  island  of  Hai-nan  never 
being  either  alienated  or  ceded  by  China  to  any  other  foreign  Power, 
either  as  final  or  temporary  cession,  or  as  a  naval  station  or  coaling 
depot. 

Our  Yam^n  considers  Kiung-chou  (the  island  of  Hai-nan)  as  belong- 
ing to  the  territory  of  China  which  consequently  exercises  over  it 
right  of  sovereignty.  How  could  it  cede  it  to  foreign  nations?  Fur- 
thermore, it  is  nowise  a  fact  at  present  that  it  has  lent  it  temporarily 
to  foreign  nations.  As  in  duty  bound  we  make  to  Your  Excellency 
this  official  communication. 

(Here  follow  the  signatures  of  the  President  and  the  Members  of 
the  Tsung-li  Yamgn). 

fl  Documents  diphmatiquea.     Ckiney  1894-189S,  p.  33. 

173 


No.  22. 

GREAT  BRITAIN. 

DECLARATION   CONCERNING   THE   NON-ALIENATION   OF  THE  YANG- 

TSZE  REGION,  a 

February  11,  1898. 

Sir  C.  MacDonald  to  the  Tsung-li  YamAn. 

Peking,  February  9,  1898. 

MM.  LES  MiNISTRES, 

Your  Highnesses  and  your  Excellencies  have  more  than  once  inti- 
mated to  me  that  the  Chinese  Government  were  aware  of  the  great 
importance  that  has  always  been  attached  by  Great  Britain  to  the 
retention  in  Chinese  possession  of  the  Yang-tsze  region,  now  entirely 
hers,  as  providing  security  for  the  free  course  and  development  of 
trade. 

I  shall  be  glad  to  be  in  a  position  to  communicate  to  Her  Majesty's 
Government  a  definite  assurance  that  China  will  never  alienate  any 
territory  in  the  provinces  adjoining  the  Yang-tsze  to  any  other  Power^ 
whether  under  lease,  mortgage,  or  any  other  designation.  Such  an 
assurance  is  in  full  harmony  with  the  observations  made  to  me  by 
Your  Highnesses  and  Your  Excellencies. 

I  avail,  &c. 

(Signed)  Claude  M.  MacDonald. 


The  Tsunq-li  Yam^n  to  Sir  C.  MacDonald. 
Kuang-hm^  ^th  yea/r^  Ist  moon^  2l8t  day,     (February  11,  1898.) 

[Translation.] 

The  Yamen  have  the  honour  to  acknowledge  the  receipt  of  the 
British  Minister's  despatch  of  the  9th  February,  stating  that  the 
Yamen  had  more  than  once  intimated  to  him  that  the  Chinese  Govern- 
ment were  aware  of  the  great  importance  that  has  always  been  attached 
by  Great  Britain  to  the  retention  in  Chinese  possession  of  the  Yang- 

«  British  Parliamentary  Blue  Book,  China^  No.  2,  1898. 
174 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.        175 

tsze  region,  now  entirely  hers,  as  providing  security  for  the  free 
oourse  and  development  of  trade.  The  British  Minister  would  be  glad 
to  be  in  a  position  to  communicate  to  Her  Majesty's  Government  a 
definite  assurance  that  China  would  never  alienate  (any  territory)  in 
the  provinces  adjoining  the  Yang-tsze  to  any  other  Power,  whether 
under  lease,  mortgage,  or  any  other  designation. 

The  Yamen  have  to  observe  that  the  Yang-tsze  region  is  of  the 
greatest  importance  as  concerning  the  whole  position  (or  interests)  of 
China,  and  it  is  out  of  the  question  that  territory  (in  it)  should  be 
mortgaged,  leased,  or  ceded  to  another  Power.  Since  Her  Britannic 
Majesty's  Government  has  expressed  its  interest  (or  anxiety)  it  is  the 
duty  of  the  YamSn  to  address  this  note  to  the  British  Minister  for 
conununication  to  his  Government, 

They  avail  themselves,  &c. 


No.  23. 

GREAT  BRITAIN. 

DECLARATION  BY  CHINA  THAT  INSPECTORrGENERAL  OF  MARITIME 
CUSTOMS  SHALL  BE  A  BRITISH  SUBJECT  WHILE  BRITISH  TRADE 
PREPONDERATES.^ 

February  13,  1898. 

The  Tsung-li  YamAn  to  Sir  C.  MacDonald. 

Kuang-hsu^  %ltth  year^  1st  moon^  20th  day.     (February  10,  1898.) 

[Translation.] 

The  YamSn  have  the  honour  to  acknowledge  the  receipt  on  the  3rd 
February  of  a  note  from  the  British  Minister,  to  the  eflfect  that  on  the 
17th  January,  when  calling  at  the  YamSn,  he  had  informed  the  Min- 
isters present  that  he  had  received  telegraphic  instructions  from  Her 
Majesty's  Government  that  in  view  of  the  immense  preponderahce  of 
British  trade  with  China  over  that  of  other  countries.  Her  Majesty's 
Government  regarded  it  as  vital  to  the  commercial  interests  of  Great 
Britain  that  the  Inspector-General  of  Maritime  Customs  should  in  the 
future,  as  in  the  past,  be  of  British  nationality.  The  YamSn  had 
agreed  to  this,  and  in  order  that  there  might  be  no  room  for  misun- 
derstanding, the  Minister  now  addressed  this  note  to  the  YamSn  to 
place  the  matter  formally  on  record. 

The  Yamgn  have  to  observe  that  ever  since  the  opening  of  Chinese 
ports  to  foreign  trade,  commerce  and  revenue  have  been  steadily 
increasing.  The  duties  paid  by  British  merchants  are  nearly  80  per 
cent,  of  the  whole  amount  paid  by  foreign  countries,  and,  therefore, 
a  British  subject  (Sir  Robert  Hart)  has  been  employed  as  inspector- 
General  of  Maritime  Customs. 

The  said  Inspector-General  is  versed  in  commercial  matters,  just  in 
his  dealings,  experienced  and  upright,  faithful  and  sincere,  a  man  on 
whom  reliance  can  be  placed,  and  China  has  in  the  past  leant  much 
upon  him.  If  he  were  to  ask  for  leave  China  must  (try  to)  detain  him, 
but  if  some  cause  were  to  necessitate  his  returning  home,  China,  thor- 
oughly investigating  the  trade  at  the  various  ports,  (and  finding  that) 
British  merchants  are  in  the  majority,  will  certainly  direct  the  said 

«  British  Parliamentary  Blue  Bool^  China,  No.  1,  1<S99,  p.  18. 
176 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      177 

Inspector-General  to  recommend  an  Englishman  of  equal  ability  with 
himself  to  take  charge,  and  the  YamSn  will,  after  inquiry,  appoint 
him  as  successor  to  manage  Chinese  Customs  matters.  The  object 
being  the  protection  of  commerce  at  the  various  ports,  (the  Yamen) 
could  not  possibly  regard  this  selection  as  a  light  matter,  and  so  do 
injury  to  important  public  interests. 

The  Yamen  beg  to  make  this  reply  to  the  British  Minister  for  his 
information. 

They  avail  themselves,  &c. 

(Seal  of  Yamgn.) 


The  Tsung-li  YamIin  to  Sir  C.  MacDonald. 

Kuang-hmi^  2ith  yeai\  let  mooii^  23rd  day.     (February  13,  1898.) 

[Translation.] 

The  YamSn  have  the  honour  to  address  the  British  Minister  with 
regard  to  the  continued  employment  in  the  future  of  an  Englishman 
in  succession  to  the  Inspector-General  of  Maritime  Customs,  on  which 
subject  they  addressed  a  reply  to  his  Excellency  a  few  days  ago. 

They  have  to  observe  that  British  trade  with  China  exceeds  that  of 
all  other  countries,  and,  as  the  Yam§n  have  frequently  agreed  and 
promised,  it  is  intended  that  as  in  the  past,  so  in  the  future,  an  English- 
man shall  be  employed  as  Inspector-General. 

But  if  at  some  future  time  the  tirade  of  some  other  country  at  the 
various  Chinese  ports  should  become  greater  than  that  of  Great 
Britain,  China  will  then  of  course  not  be  bound  to  necessarily  employ 
an  Englishman  as  Inspector-General. 

The  Yamen  write  this  further  despatch  for  the  information  of  the 
British  Minister,  to  be  placed  on  record. 

%They  avail  themselves,  &c, 

(Seal  of  Yamgn.) 

27938-04 12 


No.  24. 

FRAKCE. 

DECLAKATION  CONCERNING  THE  NON- ALIENATION  OF  CHINEEE 
TERRITORY  BORDERING  ON  TONGKING.fl 

April  10,  1898. 

LETTERS    EXCHANGED    BETWEEN    M.    DUBAIL    AND    THE    TSUNG-LI 
YAMfiN  RESPECTING  THE  PROVINCES  BORDERING  ON  TONGKING. 

[Translation.] 

Peking,  Ifth  Aprils  1898, 
With  the  purpose  of  assuring  the  relations  of  neighbourliness  and 
friendship  between  China  and  France;  with  the  purpose,  equally,  of 
seeing  the  territorial  integrity  of  the  Chinese  Empire  maintained  and, 
further,  because  of  the  necessity  of  taking  care  that  no  change  be 
introduced  in  the  existing  situation  as  regards  the  provinces  bordering 
on  Tongking  {par  suite  de  la  necessite  de  veiller  h  ce  que  dans  les  pro- 
vinces limitrophes  du  Tonkin^  il  ne  soil  apporte  aiicune  modification  h 
Vetat  de  fait  et  de  droit'  existant)^  the  Government  of  the  Republic 
would  attach  particular  value  to  receiving  from  the  Chinese  Govern- 
ment an  assurance  that  it  will  not  cede  to  any  other  Power  all  or  a 
part  of  the  territory  of  those  provinces,  either  definitely  or  tempora- 
rily, or  on  lease,  or  by  any  title  whatsoever. 

I  shall  be  obliged  if  your  Highnesses  and  your  Excellencies  will,  in 
acknowledging  this  letter,  be  good  enough  to  respond  by  an  official 
despatch  to  the  desire  of  the  Government  of  the  Republic. 

(Signed)  Dubail. 


The  Tsung-li  YAMfeN  to  M.  Dubail,  Charg^;  d'affaires  of  the 
French  Republic,  Peking. 

[Translation.] 

Peking,  10th  Aprils  1898. 
On  the  4th  April,  1898,  we  received  from  your  Excellency  the  fol- 
lowing despatch: 

(i  Documents  Diplomaiiques,  Chine,  1894-1898,  p.  49. 
178 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      179 
[Letter  quoted  as  above.] 

Our  Yamen  considers  that  the  Chinese  provinces  bordering  on 
Tongking,  being  important  frontier  points  which  interest  her  in  the 
highest  degree,  must  always  be  administered  by  China  and  remain 
under  her  sovereignty.  There  is  no  reason  that  they  should  be  ceded 
or  leased  to  any  Power. 

As  the  French  Government  attaches  a  particular  value  to  receiving 
this  assurance,  we  feel  called  on  to  address  this  official  reply  to  your 
Excellency,  begging  you  to  take  note  of  and  forward  it. 


No.  25. 

GREAT  BRITAIN. 

DECLARATION  BY  GREAT  BRITAIN  RESPECTING  WEI-HAI  WEI.a 

April  19,  1898. 
[TranBlation.] 

England  formally  declares  to  Germany  that  in  establishing  herself 
at  Wei-hai  Wei,  she  has  no  intention  of  injuring  or  contesting  the 
rights  and  interests  of  Germany  in  the  Province  of  Shan-tung,  or  of 
creating  diflSculties  for  her  in  that  province.  It  is  especially  under- 
stood that  England  will  not  construct  any  railroad  communication  from 
Wei-hai  Wei  and  the  district  leased  therewith  into  the  interior  of  the 
Province  of  Shan-tung. 

<^Reic?i8  Anzeiger,  April  22, 1898.     See  also  British  Parliamentary  Blue  Book,  China, 
No.  1  {1889),  pp.  27-31. 
180 


No.  26. 

DECLABATION  CX)NOERNING  THE  NON-ALIENATION  OF  THE  PROVINCE 

OF  FU-KIEN. 

April  26,  1898. 

Mr.  Yano   TO   THE   Prinoes   and   Ministers   of   the  Tsung-li 

YamAn. 

[Translation.] 

Peking,  Aj^  H-^  1898. 

The  Minister  of  Japan,  Mr.  Yano,  has  the  honor  to  make  an  official 
communication. 

A  telegram  has  just  been  received  from  the  Minister  for  Foreign 
Affairs,  which  reads  as  follows: 

"The  Government  of  Japan  has  viewed  with  constant  deep  concern 
the  difficulties  with  which  the  Government  of  China  has  recently  been 
confronted.  The  declaration  made  at  the  time  of  the  evacuation  of 
Wei-Hai  Wei  is  an  evidence  of  this.  It  is  to  be  apprehended  that 
trouble  may  arise  with  consequences  disastrous  to  China.  In  all  this 
there  is  no  mistaking  what  our  real  purpose  is. 

*'In  view  of  the  present  state  of  affairs,  the  Government  of  Japan, 
mindful  of  its  own  interests,  cannot  act  as  if  entirely  in  ignorance  of 
passing  events,  but  must  take  proper  measures  to  meet  any  situation 
that  may  arise.  You  will  ask  the  Government  of  China  to  make  a 
declaration  that  it  will  not  cede  or  lease  to  any  other  Power  any  por- 
tion of  its  territory  within  the  Province  of  Fu-kien." 

The  Minister  of  Japan,  in  confinnation  of  his  oral  statements  made 
in  a  personal  interview,  has  the  honor  to  now  lay  the  matter  officially 
before  the  Princes  and  Ministers  of  the  Tsung-li  Yamen,  with  the 
request  that  a  reply  be  given  to  this  communication  for  transmission 
by  telegraph  to  his  Government. 

The  Minister  of  Japan  avails  himself  of  this  occasion  to  renew  to 
Their  Highnesses  and  Their  Excellencies  the  assurances  of  his  most 
distinguished  consideration. 

181 


182     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.  ' 

The  Tsung-li  Yam^n  to  Mr.  Yano. 

[Tianslatlon.] 

Peking,  April  26,  1898, 

Prince  Ch'ing  and  the  Ministers  of  the  Tsung-li  Yamen  have  the 
honor  to  reply  to  a  communication  from  the  Minister  of  Japan,  dated 
2d  day,  3d  intercalary  month,  24th  year  Kuang-hsu  (April  22,  1898,) 
which  reads  as  follows: — 

"A  telegram  has  just  been  received  from  the  Minister  for  Foreign 
Aflfairs,  which  reads  as  follows: — 

"*  The  Government  of  Japan  has  viewed  with  constant  deep  con- 
cern the  difficulties  with  which  the  Government  of  China  has  recently 
been  confronted.  The  declaration  made  at  the  time  of  the  evacuation 
of  Wei-Hai  Wei  is  evidence  of  this.  It  is  to  be  apprehended  that 
trouble  may  arise  with  consequences  disastrous  to  China.  In  all  this 
there  is  no  mistaking  what  our  real  purpose  is. 

" '  In  view  of  the  present  state  of  aflfairs,  the  Government  of  Japan, 
mindful  of  its  own  interests,  cannot  act  as  if  entirely  in  ignorance  of 
passing  events,  but  must  take  proper  measures  to  meet  any  situation 
that  may  arise.  You  will  ask  the  Government  of  China  to  make  a 
declaration  that  it  will  not  cede  or  lease  to  any  other  Power  any  por- 
tion of  its  territory  within  the  Province  of  Fu-kien.'" 

Referring  to  his  oral  statements  made  in  a  personal  interview,  the 
Minister  of  Japan  requests  that  a  reply  be  given  to  his  communication. 

The  Princes  and  the  Ministers  have  the  honor  to  state  that  the 
Province  of  Fu-kien,  with  all  the  territory  in  the  interior  and  along 
the  seacoast  within  its  limits,  which  is  an  important  part  of  China, 
China  will  never  cede  or  lease  to  any  Power  whatsoever;  and  to 
request  that  this  reply  be  communicated  to  the  Government  of  Japan. 

The  Princes  and  the  Ministers  avail  themselves  of  this  opportunity 
to  renew  to  the  Minister  of  Japan  the  assurances  of  their  most 
distinguished  consideration. 


No.  27. 

GREAT  BRITAIN  AND  RUSSIA. 

IDENTIC  NOTES  EXCHANGED  BETWEEN  THE  UNITED  KINGDOM  AND 
RUSSIA  WITH  REGARD  TO  THEIR  RESPECTIVE  RAILWAY  INTERESTS 
IN  CHINA,  a 

April  28,  1899. 

Sir  C.  Scott  to  Count  Mouraviefp. 

The  Undersigned,  British  Ambassador,  duly  authorized  to  that 
eflfect,  has  the  honour  to  make  the  following  declaration  to  His  Excel- 
lency Count  Mouravieflf,  Russian  Minister  for  Foreign  Aflfairs. 

Great  Britain  and  Russia,  animated  by  a  sincere  desire  to  avoid  in 
China  all  cause  of  conflict  on  questions  where  their  interests  meet,  and 
taking  into  consideration  the  economic  and  geographical  gravitation 
of  certain  parts  of  that  Empire,  have  agreed  as  follows: — 

1.  Great  Britain  engages  not  to  seek  for  her  own  account,  or  on 
behalf  of  British  subjects  or  of  others,  any  railway  Concessions  to  the 
north  of  the  Great  Wall  of  China,  and  not  to  obstruct,  directly  or 
indirectly,  applications  for  railway  Concessions  in  that  region  sup- 
ported by  the  Russian  Government. 

2.  Russia,  on  her  part,  engages  not  to  seek  for  her  own  account,  or 
on  behalf  of  Russian  subjects  or  of  others,  any  railway  concessions  in 
the  basin  of  the  Yangtze  and  not  to  obstruct,  directly  or  indirectly, 
applications  for  railway  concessions  in  that  region  supported  by  the 
British  Government. 

The  two  Contracting  Parties,  having  nowise  in  view  to  infringe  in 
any  way  the  sovereign  rights  of  China  or  existing  Treaties,  will  not 
fail  to  communicate  to  the  Chinese  Government  the  present  arranger 
ment,  which,  by  averting  all  cause  of  complications  between  them,  is 
of  a  nature  to  consolidate  peace  in  the  Far  East,  and  to  serve  the 
primordial  interests  of  China  herself. 

Charles  S.  Scott. 

St.  Petersburg,  April  28, 1899, 

a  British  and  Foreign  State  Papers.— Wo\.  XCI,  pp.  91-94. 

183 


184    tbeaties  and  conventions  with  china  and  korea. 
Sir  C.  Scott  to  Count  Mouravieff. 

In  order  to  complete  the  notes  exchanged  this  day  respecting  the 
partition  of  spheres  for  Concessions  for  the  construction  and  working 
of  railways  in  China,  it  has  been  agreed  to  record  in  the  present  addi- 
tional note  the  agreement  arrived  at  with  regard  to  the  line  Shanhai- 
kuan-Newchwang,  for  the  construction  of  which  a  loan  has  been 
already  contracted  by  the  Chinese  Government  with  the  Shanghai- 
Hongkong  Bank,  acting  on  behalf  of  the  British  and  Chinese  Corpo- 
ration. 

The  general  arrangement  established  by  the  above-mentioned  notes 
is  not  to  infringe  in  any  way  the  rights  acquired  under  the  said  Loan 
Contract,  and  the  Chinese  Government  may  appoint  both  an  English 
engineer  and  an  European  accountant  to  supervise  the  construction  of 
the  line  in  question,  and  the  expenditure  of  the  money  appropriated 
to  it. 

But  it  remains  understood  that  this  fact  cannot  be  taken  as  consti- 
tuting a  right  of  property  or  foreign  control,  and  that  the  line  in 
question  is  to  remain  a  Chinese  line,  under  the  control  of  the  Chinese 
Government,  and  cannot  be  mortgaged  or  alienated  to  a  non-Chinese 
Company. 

As  regards  the  branch  line  from  Siaoheishan  to  Sinminting,  in  addi- 
tion to  the  aforesaid  restrictions,  it  has  been  agreed  that  it  is  to  be 
constructed  by  China  herself,  who  may  permit  European — not  neces- 
sarily British — engineers  to  periodically  inspect  it,  and  to  verify  and 
certify  that  the  work  is  being  properly  executed. 

The  present  special  Agreement  is  naturally  not  to  interfere  in  any 
way  with  the  right  of  the  Russian  Government  to  support,  if  it  thinks 
fit,  applications  of  Russian  subjects  or  establishments  for  Concessions 
for  railways,  which,  starting  from  the  main  Manchurian  line  in  a 
southwesterly  direction,  would  traverse  the  region  in  which  the  Chinese 
line  terminating  at  Sinminting  and  Newchwang  is  to  be  constructed. 

Charles  S.  Scott.* 

St.  Petersburg,  April  28^  1899. 

&  The  same,  mutatis  mutandis^  was  sent  the  same  day  by  Count  Mouravieff,  Minister 
of  Foreign  Affairs  of  Russia  to  Sir  Charles  Scott. 


No.  28. 

UNTTED  STATES. 

DECLARATIONS  MADE  TO  THE  UNITED  STATES  BY  FRANCE,  GER- 
MANY, GREAT  BRITAIN,  ITALY,  JAPAN  AND  RUSSIA,  ACCEPTING 
THE  COMMERCIAL  POUCY  OF  THE  ''OPEN  DOOR." 

September  6,  1899,  to  February  19,  1900. 

FRANCE. 

Mr.  Hay  to  Mr.  Vignaud. 

No.  664.]  Department  of  State, 

Washington^  Septeniber  6\  1899. 
Sir:  I  have  to  enclose,  for  your  confidential  information,  copies  of 
instructions  I  have  sent  under  this  date  to  the  United  States  Ambas- 
•sadors  at  London,  Berlin,  and  St.  Petersburg  in  reference  to  the 
desire  of  this  Government  that  the  Governments  of  Great  Britain, 
Germany,  and  Russia  make  formal  declaration  of  an  "open-door" 
policy  in  the  territories  held  by  them  in  China. 

I  am,  etc.,  John  Hay. 

(Enclosures:  To  London,  No.  205,  September  6,  1899.    To  Berlin,  No.  927,  Sep- 
tember 6,  1899.    To  St  Petersburg,  No.  82,  September  6,  1899. ) 


Mr.  Hay  to  Mr.  Porter. 

[Telegram.] 

Department  of  State, 
Washin^ton^  NovemnheT  ^i,  1899. 
Porter,  Amlassador^  Paris. 

Informally  submit  to  French  Government  form  of  declaration  out- 
lined in  enclosures  with  instruction  No.  664  of  September  6  and  ask 
whether  France  will  join. 

Hay. 


Mr.  Delcass^  to  Mr.  Porter. 

[Translation.] 

Foreign  Affairs. 
(Received  at  United  States  Embassy  at  Paris,  December  16, 1899.) 
My  Dear  Ambassador:  I  find  your  note  awaiting  me  on  my  return. 
The  declarations  which  I  made  in  the  Chamber  on  the  24th  of  Novem- 
ber last,  and  which  I  have  had  occasion  to  recall  to  you  since  then, 

185 


186     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

show  clearly  the  sentiments  of  the  Government  of  the  Repyiblic.  It 
desires  throughout  the  whole  of  China  and,  with  the  quite  natural 
reservation  that  all  the  Powers  interested  give  an  assurance  of  their 
willingness  to  act  likewise,  is  ready  to  apply  in  the  territories  which 
are  leased  to  it,  equal  treatment  to  the  citizens  and  subjects  of  all 
nations,  especially  in  the  matter  of  customs  duties  and  navigation  dues, 
as  well  as  transportation  tariflfs  on  railways. 

I  beg  you,  my  dear  Ambassador,  to  accept,  etc. 

Delgassj£. 


GERMANY. 

Mr.  Hay  to  Mr.  White. 

No.  927.]  Department  of  State, 

Washbigton^  September  ff,  1899. 

Sir:  At  the  time  when  the  Government  of  the  United  States  was 
informed  by  that  of  Germany  that  it  had  leased  from  His  Majesty  the 
Emperor  of  China  the  port  of  Kiao-chao  and  the  adjacent  territory  in 
the  province  of  Shantung,  assurances  were  given  to  the  Ambassador 
of  the  United  States  at  Berlin  by  the  Imperial  German  Minister  for 
Foreign  Aflfairs  that  the  rights  and  privileges  insured  by  treaties  with 
China  to  citizens  of  the  United  States  would  not  thereby  suflfer  or  be 
in  anywise  impaired  within  the  area  over  which  Germany  had  thus 
obtained  control. 

More  recently,  however,  the  British  Government  recognized  by  a 
formal  agreement  with  Germany  the  exclusive  right  of  the  latter  coun- 
try to  enjoy  in  said  leased  area  and  the  contiguous  ''sphere  of  influ- 
ence or  interest"  certain  privileges,  more  especially  those  relating  to 
railroads  and  mining  enterprises;  but,  as  the  exact  nature  and  extent 
of  the  rights  thus  recognized  have  not  been  clearly  defined,  it  is  pos- 
sible that  serious  conflicts  of  interests  may  at  any  time  arise,  not  only 
between  British  and  German  subjects  within  said  area,  but  that  the 
interests  of  our  citizens  may  also  be  jeopardized  thereby. 

Earnestly  desirous  to  remove  any  cause  of  irritation  and  to  insure 
at  the  same  time  to  the  commerce  of  all  nations  in  China  the  undoubted 
benefits  which  should  accrue  from  a  formal  recognition  by  the  various 
Powers  claiming  "spheres  of  interest"  that  they  shall  enjoy  perfect 
equality  of  treatment  for  their  commerce  and  navigation  within  such 
"spheres,"  the  Government  of  the  United  States  would  be  pleased  to 
see  His  German  Majesty's  Government  give  formal  assurances,  and 
lend  its  cooperation  in  securing  like  assurances  from  the  other  inter- 
ested Powers,  that  each  within  its  respective  sphere  of  whatever 
influence — 

First.  Will  in  no  way  interfere  with  any  treaty  port  or  any  vested 
interest  within  any  so-called  "sphere  of  interest"  or  leased  territory 
it  may  have  in  China. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      187 

Second.  That  the  Chinese  treaty  tariff  of  the  time  being  shall  apply 
to  all  merchandise  landed  or  shipped  to  all  such  ports  as  are  within 
said  "sphere  of  interest"  (unless  they  be  "free  ports"),  no  matter  to 
what  nationality  it  may  belong,  and  that  duties  so  leviable  shall  be 
collected  by  the  Chinese  Government. 

Third.  That  it  will  levy  no  higher  harbor  dues  on  vessels  of  another 
nationality  frequenting  any  port  in  such  "sphere"  than  shall  be  levied 
on  vessels  of  its  own  nationality,  and  no  higher  railroad  charges  over 
lines  built,  controlled,  or  operated  within  its  "sphere"  on  merchan- 
dise belonging  to  citizens  or  subjects  of  other  nationalities  transported 
through  such  "sphere"  than  shall  be  levied  on  similar  merchandise 
belonging  to  its  own  nationals  transported  over  equal  distances. 

The  libei-al  policy  pursued  by  His  Imperial  German  Majesty  in 
declaring  Kiao-chao  a  free  port  and  in  aiding  the  Chinese  Government 
in  the  establishment  there  of  a  custom-house  are  so  clearly  in  line  with 
the  proposition  which  this  Government  is  anxious  to  see  recognized 
that  it  entertains  the  strongest  hope  that  Germany  will  give  its  accept- 
ance and  hearty  support. 

The  recent  Ukase  of  His  Majesty  the  Emperor  of  Russia  declaring 
the  port  of  Ta-lien-wan  open  during  the  whole,  of  the  lease  under  which 
it  is  held  from  China  to  the  merchant  ships  of  all  nations,  coupled 
with  the  categorical  assurances  made  to  this  Government  by  His 
Imperial  Majesty's  representative  at  this  capital  at  the  time,  and  since 
repeated  to  me  by  the  present  Russian  Ambassador,  seem  to  insure 
the  support  of  the  Emperor  to  the  proposed  measure.  Our  Ambas- 
sador at  the  Court  of  St.  Petersburg  has  in  consequence  been  instructed 
to  submit  it  to  the  Russian  Government  and  to  request  their  early 
considei*ation  of  it.  A  copy  of  my  instruction  on  the  subject  to  Mr. 
Tower  is  herewith  enclosed  for  your  confidential  information. 

The  commercial  interests  of  Great  Britain  and  Japan  will  be  so 
clearly  served  by  the  desired  declaration  of  intentions,  and  the  views 
of  the  Governments  of  these  countries  as  to  the  desirability  of  the 
adoption  of  measures  insuring  the  benefits  of  equality  of  treatment  of 
all  foreign  trade  throughout  China  are  so  similar  to  those  entertained 
by  the  United  States,  that  their  acceptance  of  the  propositions  herein 
outlined  and  their  cooperation  in  advocating  their  adoption  by  the 
other  Powers  can  be  confidently  expected.  I  enclose  herewith  copy 
of  the  instruction  which  I  have  sent  to  Mr.  Choate  on  the  subject. 

In  view  of  the  present  favorable  conditions,  you  are  instructed  to 
submit  the  above  considerations  to  His  Imperial  German  Majesty's 
Minister  for  Foreign  Affairs,  and  to  request  his  early  consideration  of 
the  subject. 

Copy  of  this  instruction  is  sent  to  our  Ambassadors  at  London  and 
at  St.  Petersburg  for  their  information. 

I  have,  etc.,  John  Hay. 

(Enclosures;  To  London,  September  6,  1899,  No.  205.  To  St.  Petersburg,  Septem- 
ber 6,  1899,  No.  82.) 


188     TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

Count  von  BVtlow  to  Mr.  White. 

[Translation.] 

FoBEiGN  Office, 

Berlin,  February  19^  1900. 

Mb.  Ambassador:  Your  Excellency  informed  me,  in  a  memorandum 
presented  on  the  24th  of  last  month,  that  the  Government  of  the 
United  States  of  America  had  received  satisfactory  written  replies 
from  all  the  Powers  to  which  an  inquiry  had  been  addressed  similar 
to  that  contained  in  Your  Excellency's  note  of  September  26  last,  in 
regard  to  the  policy  of  the  open  door  in  China.  While  referring  to 
this,  Your  Excellency  thereupon  expressed  the  wish  that  the  Imperial 
Government  would  now  also  give  its  answer  in  writing. 

Gladly  complying  with  this  wish,  I  have  the  honor  to  inform  Your 
Excellency,  repeating  the  statements  already  made  verbally,  as  fol- 
lows: As  recognized  by  the  Government  of  the  United  States  of 
America,  according  to  Your  Excellency's  note  referred  to  above,  the 
Imperial  Government  has,  from  the  beginning,  not  only  asserted,  but 
also  practically  carried  out  to  the  fullest  extent,  in  its  Chinese  posses- 
sions absolute  equality  of  treatment  of  all  nations  with  regard  to  trade, 
navigation,  and  commerce.  The  Imperial  Government  entertains  no 
thought  of  departing  in  the  future  from  this  principle,  which  at  once 
excludes  any  prejudicial  or  disadvantageous  commercial  treatment  of 
the  citizens  of  the  United  States  of  America,  so  long  as  it  is  not  forced 
to  do  so,  on  account  of  considerations  of  reciprocity,  by  a  divergence 
from  it  by  other  governments.  If,  therefore,  the  other  Powers  inter- 
ested in  the  industrial  development  of  the  Chinese  Empire  are  willing 
to  recognize  the  same  principles,  this  can  only  be  desired  by  the 
Imperial  Government,  which  in  this  case  upon  being  requested  will 
gladly  be  ready  to  participate  with  the  United  States  of  America  and 
the  other  Powers  in  an  agreement  made  upon  these  lines,  by  which 
the  same  rights  are  reciprocally  secured. 

I  avail  myself,  etc.  BClow. 


GREAT  BRITAIN. 

Mr.  Choate  to  Lord  Salisbury. 

Embassy  of  the  United  States, 

London^  Septemler  22^  1899. 
My  Lord:  I  am  instructed  by  the  Secretary  of  State  to  present  to 
Your  Lordship  a  matter  which  the  President  regards  as  of  great  and 
equal  importance  to  Great  Britain  and  the  United  States — in  the  main- 
tenance of  trade  and  commerce  in  the  East,  in  which  the  interest  of 
the  two  nations  differs,  not  in  character,  but  in  degree  only — and  to 
ask  for  action  on  the  part  of  Her  Majesty's  Government  which  the 
President  conceives  to  be  in  exact  accord  with  its  uniformly  declared 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      189 

policy  and  traditions,  and  which  will  greatly  promote  the  welfare  of 
commerce. 

He  understands  it  to  be  the  settled  policy  and  purpose  of  Great 
Britain  not  to  use  any  privileges  which  may  be  granted  to  it  in  China 
as  a  means  of  excluding  any  conmiercial  rivals,  and  that  freedom  of 
trade  for  it  in  that  Empire  means  freedom  of  trade  for  all  the  world 
alike.  Her  Majesty's  Government,  while  conceding  by  formal  agree- 
ments with  Germany  and  Russia  the  possession  of  "  spheres  of  influence 
or  interest"  in  China,  in  which  they  are  to  enjoy  especial  rights  and 
privileges,  particularly  in  respect  to  railroads  and  mining  enterprises, 
has  at  the  same  time  sought  to  maintain  what  is  commonly  called  the 
"open-door"  policy,  to  secure  to  the  commerce  and  navigation  of  all 
nations  equality  of  treatment  within  such  "spheres."  The  main- 
tenance of  this  policy  is  alike  urgently  demanded  by  the  commercial 
conununities  of  our  two  nations,  as  it  is  justly  held  by  them  to  be 
the  only  one  which  will  improve  existing  conditions,  enable  them 
to  maintain  their  positions  in  the  markets  of  China,  and  extend 
their  future  operations. 

While  the  Government  of  the  United  States  will  in  no  way  commit 
itself  to  any  recognition  of  the  exclusive  rights  of  any  power  within 
or  control  over  any  portion  of  the  Chinese  Empire,  under  such  agree- 
ments as  have  been  recently  made,  it  can  not  conceal  its  apprehensions 
that  there  is  danger  of  complications  arising  between  the  treaty  powers 
which  may  imperil  the  rights  insured  to  the  United  States  by  its 
treaties  with  China. 

It  is  the  sincere  desire  of  my  Government  that  the  interests  of  its 
citizens  may  not  be  prejudiced  through  exclusive  treatment  by  any  of 
the  controlling  powers  within  their  respective  "spheres  of  interests" 
in  China,  and  it  hopes  to  retain  there  an  open  market  for  all  the  world's 
commerce,  remove  dangerous  sources  of  international  irritation,  and 
thereby  hasten  united  action  of  the  powers  at  Pekin  to  promote 
administrative  reforms  so  greatly  needed  for  strengthening  the 
Imperial  Government  and  maintaining  the  integrity  of  China,  in  which 
it  believes  the  whole  western  world  is  alike  concerned.  It  believes 
that  such  a  result  may  be  greatly  aided  and  advanced  by  declarations 
by  the  various  Powers  claiming  "spheres  of  interest"  in  China  as  to 
their  intentions  in  regard  to  the  treatment  of  foreign  trade  and  com- 
merce therein,  and  that  the  present  is  a  very  favorable  moment  for 
informing  Her  Majesty's  Government  of  the  desire  of  the  United 
States  to  have  it  make  on  its  own  part  and  to  lend  its  powerful  sup- 
port in  the  eflfort  to  obtain  from  each  of  the  various  Powers  claiming 
"spheres  of  interest"  in  China  a  declaration  substantially  to  the 
following  eflfect: 

(1)  That  it  will  in  no  wise  interfere  with  any  treaty  port  or  any 
vested  interest  within  any  so-called  "sphere  of  interest"  or  leased 
territory  it  may  have  in  China. 


190      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

(2)  That  the  Chinese  treaty  tariflf  of  the  tune  being  shall  apply  to 
all  merchandise  landed  or  shipped  to  all  such  ports  as  are  within  such 
*' spheres  of  interest"  (unless  they  be  "free  ports"),  no  matter  to 
what  nationality  it  may  belong,  and  that  duties  so  leviable  shall  be 
collected  by  the  Chinese  Government. 

(3)  That  it  will  levy  no  higher  harbor  dues  on  vessels  of  another 
nationality  frequenting  any  port  in  such  "sphere"  than  shall  be  levied 
on  vessels  of  its  own  nationality,  and  no  higher  railroad  charges  over 
lines  built,  controlled,  or  operated  within  its  "sphere"  on  merchandise 
belonging  to  citizens  or  subjects  of  other  nationalities  transported 
through  such  "sphere  "than  shall  be  levied  on  similar  merchandise 
belonging  to  its  own  nationals  transported  over  equal  distances. 

The  President  has  strong  reason  to  believe  that  the  Governments  of 
both  Russia  and  Germany  will  cooperate  in  such  an  understanding  as 
is  here  proposed.  The  recent  Ukase  of  His  Majesty  the  Emperor  of 
Russia  declaring  the  port  of  Ta-lien-wan  open  to  the  merchant  ships 
of  all  nations  during  the  whole  term  of  the  lease  under  which  it  is  to 
be  held  by  Russia  removes  all  uncertainty  as  to  the  liberal  and  concil- 
iatory policy  of  that  Power,'  and  justifies  the  expectation  that  His 
Majesty  would  accede  to  the  similar  request  of  the  United  States  now 
being  presented  to  him  and  make  the  desired  declaration. 

The  recent  action  of  Germany  in  declaring  the  port  of  Kiao-chao  a 
"free  port"  and  the  aid  which  its  Government  has  given  China  in 
establishing  there  a  Chinese  custom-house,  coupled  with  oral  assur- 
ances given  the  United  States  by  Germany  that  the  interests  of  the 
United  States  and  its  citizens  within  its  "  sphere"  would  in  no  wise  be 
affected  by  its  occupation  of  this  portion  of  the  province  of  Shantung, 
encourage  the  belief  that  little  opposition  is  to  be  anticipated  to  the 
President's  request  for  a  similar  declaration  from  that  Power. 

It  is  needless  also  to  add  that  Japan,  the  Power  next  most  largely 
interested  in  the  trade  of  China,  must  be  in  entire  sympathy  with  the 
views  here  expressed,  and  that  its  interests  will  be  largely  served  by 
the  proposed  arrangement;  and  the  declarations  of  its  statesmen 
within  the  last  year  are  so  entirely  in  line  with  it  that  the  cooperation 
of  that  Power  is  confidently  relied  upon. 

It  is  therefore  with  the  greatest  pleasure  that  I  present  this  matter 
to  Your  Lordship's  attention  and  urge  its  prompt  consideration  by 
Her  Majesty's  Government,  believing  that  the  action  is  in  entire  har- 
mony with  its  consistent  theory  and  purpose,  and  that  it  will  greatly 
redound  to  the  benefit  and  advantage  of  all  commercial  nations  alike. 
The  prompt  and  sympathetic  cooperation  of  Her  Majesty's  Govern- 
ment with  the  United  States  in  this  important  matter  will  be  very 
potent  in  promoting  its  adoption  by  all  the  Powers  concerned. 
I  have,  etc., 

Joseph  H.  Choate. 


TBBATIE8  AND  CONVENTIONS  WITH  CHINA   AND  KOBEA.      191 

Lord  Salisbury  to  Mr.  Choate. 

Foreign  Office, 
London^  Septenibet'  29^  1899. 

Your  Excellency:  I  have  read  with  great  interest  the  communi- 
cation which  you  handed  to  me  on  the  23d  instant,  in  which  you  inform 
me  of  the  desire  of  the  United  States  Government  to  obtain  from  the 
various  Powers  claiming  spheres  of  interest  in  China  declarations  as  to 
their  intentions  in  regard  to  the  treatment  of  foreign  trade  and  com- 
merce therein. 

I  have  the  honor  to  inform  Your  Excellency  that  I  will  lose  no  time 
in  consulting  my  colleagues  in  regard  to  a  declaration  by  Her  Majesty's 
Government  and  on  the  proposal  that  they  should  cooperate  with  the 
Government  of  the  United  States  in  obtaining  similar  declarations  by 
the  other  Powers  concerned. 

In  the  meantime,  I  niay  assure  Your  Elxcellency  that  the  policy  con- 
sistently advocated  by  this  country  is  one  of  securing  equal  opportu- 
nity for  the  subjects  and  citizens  of  all  nations  in  regard  to  commercial 
enterprise  in  China,  and  from  this  policy  Her  Majesty's  Government 
have  no  intention  or  desire  to  depart. 
I  have,  etc., 

Salisbury. 


Lord  Salisbury  to  Mr.  Choate. 

Foreign  Office, 
London^  November  30^  1899. 
Your  Excellency:  With  reference  to  my  note  of  September  29 
last,  1  have  the  honor  to  state  that  I  have  carefully  considered,  in 
communication  with  my  colleagues,  the  proposal  contained  in  Your 
Excellency's  note  of  September  22  that  a  declaration  should  be  made 
by  foreign  Powers  claiming  ''spheres  of  interest"  in  China  as  to  their 
intentions  in  regard  to  the  treatment  of  foreign  trade  and  interest 
therein. 

I  have  much  pleasure  in  informing  Your  Excellenc}^  that  Her  Maj- 
esty's Government  will  be  prepared  to  make  a  declaration  in  the  sense 
desired  by  your  Government  in  regard  to  the  leased  territory  of  Wei- 
hai  Wei  and  all  territory  in  China  which  may  hereafter  be  acquired 
by  Great  Britain  by  lease  or  otherwise,  and  all  spheres  of  interest  now 
held  or  that  may  hereafter  be  held  by  her  in  China,  provided  that  a 
similar  declaration  is  made  by  other  Powers  concerned. 
1  have,  etc., 

Salisbury. 


192     TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Mr.  Choate  TO  Lord  Salisbury. 

Embassy  of  the  United  States, 

London^  December  6^  1899. 
My  Lord:  I  have  the  honor  to  acknowledge  the  receipt  of  Your 
Lordship's  note  of  November  30,  in  which  you  inform  me  that,  after 
having  carefully  considered,  in  connection  with  your  colleagues,  the 
proposals  contained  in  my  note  of  September  22  last,  Her  Majesty's 
Government  is  prepared  to  make  a  declaration  in  the  sense  desired  by 
my  Government  in  regard  to  the  leased  territory  of  Wei-hai  Wei  and 
all  territory  in  China  which  may  hereafter  be  acquired  by  Great  Brit- 
ain by  lease  or  otherwise,  and  all  "spheres  of  interest"  now  held,  or 
which  may  hereafter  be  held,  by  her  in  China,  provided  that  a  similar 
declaration  is  made  by  other  Powers. 

In  acknowledging  Your  Lordship's  note,  I  have  also,  under  instruc- 
tions from  the  Secretary  of  State,  to  express  to  Your  Lordship  the 
gratification  he  feels  at  the  cordial  acceptance  by  Her  Britannic 
Majesty's  Government  of  the  proposals  of  the  United  States. 
I  have,  etc*, 

Joseph  H.  Choate. 


ITALY. 

Mr.  Hay  to  Mr.  Draper. 

No.  434.]  Department  of  State, 

Wdshington^  Novefiober  17^  1899. 

Sir:  This  Government,  animated  with  a  sincere  desire  to  insure  to 
the  commerce  and  industry  of  the  United  States  and  of  all  other 
nations  perfect  equality  of  treatment  within  the  limits  of  the  Chinese 
Empire  for  their  trade  and  navigation,  especially  within  the  so-called 
"spheres  of  influence  or  interest"  claimed  by  certain  European 
Powers  in  China,  has  deemed  the  present  an  opportune  moment  to 
make  representations  in  this  direction  to  Germany,  Great  Britain, 
Japan,  and  Russia. 

To  attain  the  object  it  has  in  view  and  to  remove  possible  causes  of 
international  irritation  and  reestablish  confidence  so  essential  to  com- 
merce, it  has  seemed  to  this  Government  highly  desirable  that  the 
various  Powers  claiming  "spheres  of  interest  or  influence"  in  China 
should  give  formal  assurances  that — 

First.  They  will  in  no  way  interfere  with  any  treaty  port  or  any 
vested  interest  within  any  so-called  "sphere  of  interest"  or  leased  ter- 
ritory they  may  have  in  China. 

Second.  The  Chinese  treaty  tariff  of  the  time  being  shall  apply  to 
all  merchandise  landed  or  shipped  to  all  such  ports  as  are  within  said 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBE  A.      193 

"sphere  of  interest"  (unless  they  be  ''free  ports"),  no  matter  to 
what  nationality  it  may  belong,  and  that  duties  so  leviable  shall  be 
collected  by  the  Chinese  Government. 

Third.  They  will  levy  no  higher  harbor  dues  on  vessels  of  another 
nationality  frequenting  any  port  in  such  "sphere"  than  shall  be  levied 
•on  vessels  of  their  own  nationality,  and  no  higher  railroad  charges 
over  lines  built,  controlled,  or  operated  within  its  "sphere"  on  mer- 
chandise belonging  to  citizens  or  subjects  of  other  nationalities  trans- 
ported through  such  "sphere"  than  shall  be  levied  on  similar  mer- 
chandise belonging  to  their  own  nationals  transpoi'ted  over  equal 
distances. 

The  policy  pursued  by  His  Imperial  German  Majesty  in  declaring 
Tsing-tao  (Kiao-chao)  a  free  port  and  in  aiding  the  Chinese  Govern- 
ment in  establishing  there  a  custom-house  and  the  Ukase  of  His 
Imperial  Russian  Majesty  of  August  11  last  erecting  a  free  port  at 
Dalny  (Ta-lien-wan)  are  thought  to  be  proof  that  these  Powers  are 
not  disposed  to  view  unfavorably  the  proposition  to  recognize  that 
they  contemplate  nothing  which  will  interfere  in  any  way  with  the 
enjoyment  by  the  commerce  of  all  nations  of  the  rights  and  privileges 
guaranteed  to  them  by  existing  treaties  with  China. 

Repeated  assurances  from  the  British  Government  of  its  fixed  policy 
to  maintain  throughout  China  freedom  of  trade  for  the  whole  world 
insure,  it  is  believed,  the  ready  assent  of  that  Power  to  our  proposals. 
The  commercial  interests  of  Japan  will  also  be  greatly  served  by  the 
above-mentioned  declaration,  which  harmonizes  with  the  assurances 
conveyed  to  this  Government  at  various  times  by  His  Imperial  Japa- 
nese Majesty's  diplomatic  representative  at  this  capital. 

In  view  of  the  important  and  growing  commercial  interests  of  Italy 
in  eastern  Asia,  it  would  seem  desirable  that  His  Majesty's  Govern- 
ment should  also  be  informed  of  the  steps  taken  by  the  United  States 
to  insure  freedom  of  trade  in  China,  in  which  it  would  find  equal 
advantages  to  those  which  the  other  nations  of  Europe  expect. 

You  are  therefore  instructed  to  submit  to  His  Majesty's  Minister 
for  Foreign  Affairs  the  above  considerations  and  to  invite  his  early 
attention  to  them,  expressing,  in  the  name  of  your  Government,  the 
hope  that  they  will  prove  acceptable,  and  that  His  Majesty's  Govern- 
ment will  lend  its  aid  and  valuable  assistance  in  securing  their  accept- 
.  ance  by  the  other  interested  Powers. 

I  enclose,  for  your  personal  and  confidential  information,  copies  of 
the  instructions  sent  to  our  Ambassadors  at  Berlin,  London,  St.  Peters- 
burg, and  to  our  Minister  at  Tokyo. 

I  am,  etc.,  John  Hay. 

(Enclosures:  To  Great  Britain,  to  Russia,  to  Germany,  September  6,  1899.  To 
Japan,  November  13,  1899.) 

27938—04 13 


194     TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

The  Marqihs  Visconti  Venosta  to  Mr.  Draper. 

[Translation.] 

BoME,  January  7,  1900. 

Mr.  Ambassador:  Supplementary  to  what  you  had  already  done  me 
the  honor  of  communicating  to  me  in  your  note  of  December  9,  1899, 
Your  Excellency  informed  me  yesterday  of  the  telegraphic  note 
received  from  your  Government  that  all  the  Powers  consulted  by  the 
Cabinet  of  Washington  concerning  the  suitability  of  adopting  a  line 
of  policy  which  would  insure  to  the  trade  of  the  whole  world  equality 
of  treatment  in  China  have  given  a  favorable  reply.       • 

Referring  to  your  communications  and  to  the  statements  in  my  note 
of  December  23  last,  I  take  pleasure  in  saying  that  the  Government  of 
the  King  adheres  willingly  to  the  proposals  set  forth  in  said  note  of 
December  9. 

I  beg  Your  Excellency  to  kindly  convey  the  notice  of  our  adhesion 
to  the  Cabinet  of  Washington,  and  I  avail  myself  of  the  occasion  to 
renew  to  you,  etc. 

Visconti  Venosta. 


JAPAN. 

Mr.  Hay  to  Mr.  Buck. 

No.  263.]  Department  of  State, 

Washington^  November  13,  1899, 

Sir:  This  Government,  animated  with  a  sincere  desire  to  insure  to 
the  commerce  and  industry  of  the  United  States  and  of  all  other 
nations  perfect  equality  of  treatment  within  the  limits  of  the  Chinese 
Empire  for  their  trade  and  navigation,  especially  within  the  so-called 
''spheres  of  influence  or  interest"  claimed  by  certain  European 
Powere  in  China,  has  deemed  the  present  an  opportune  moment  to 
make  representations  in  this  direction  to  Germany,  Great  Britain,  and 
Russia. 

To  obtain  the  object  it  has  in  view  and  to  remove  possible  causes  of 
international  irritation  and  reestablish  confidence  so  essential  to  com- 
merce, it  has  seemed  to  this  Government  highly  desirable  that  the 
various  Powers  claiming  "spheres  of  interest  or  influence"  in  China 
should  give  formal  assurances  that — 

First.  They  will  in  no  way  interfere  with  any  treaty  port  or  any 
vested  interest  within  any  so-called  "  sphere  of  interest "  or  leased  ter- 
ritory they  may  have  in  China. 

Second.  The  Chinese  treaty  tariff  of  the  time  being  shall  apply  to  all 
merchandise  landed  or  shipped  to  all  such  ports  as  are  within  said 
"sphere  of  interest"  (unless  they  be  "free  ports"),  no  matter  to  what 
nationality  it  may  belong,  and  that  duties  so  leviable  shall  be  collected 
by  the  Chinese  Government. 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.   195 

Third.  They  will  levy  no  higher  harbor  dues  on  vessels  of  another 
nationality  frequenting  any  port  in  such  "sphere"  than  shall  be  levied 
on  vessels  of  their  own  nationality,  and  no  higher  railroad  charges  over 
lines  built,  controlled,  or  operated  within  such  "sphere"  on  merchan- 
dise belonging  to  citizens  or  subjects  of  other  nationalities  transported 
through  such  "sphere"  than  shall  be  levied  on  similar  merchandise 
belonging  to  their  own  nationals  tmnsported  over  equal  distances. 

The  policy  pursued  by  His  Imperial  German  Majesty  in  declaring 
Tsing-tao  (Kiao-chao)  a  free  port  and  in  aiding  the  Chinese  Govern- 
ment in  establishing  there  a  custom-house,  and  the  Ukase  of  His 
Imperial  Russian  Majesty  of  August  11  last  erecting  a  free  port  at 
Dalny  (Ta-lien-wan)  are  thought  to  be  proof  that  these  Powers  are  not 
disposed  to  view  unfavorably  the  proposition  to  recognize  that  they 
contemplate  nothing  which  will  interfere  in  any  way  with  the  enjoy- 
ment by  the  commerce  of  all  nations  of  the  rights  and  privileges 
guaranteed  to  them  by  existing  treaties  with  China. 

Repeated  assurances  from  the  British  Government  of  its  fixed  policy 
to  maintain  throughout  China  freedom  of  trade  for  the  whole  world 
insure,  it  is  believed,  the  ready  assent  of  that  Power  to  our  proposals. 
It  is  no  less  confidently  believed  that  the  commercial  interests  of  Japan 
would  be  greatly  served  by  the  above-mentioned  declaration,  which 
harmonizes  with  the  assurances  conveyed  to  this  Government  at  vari- 
ous times  by  His  Imperial  Japanese  Majesty's  diplomatic  representative 
at  this  capital. 

You  are  therefore  instructed  to  submit  to  His  Imperial  Japanese 
Majesty's  Government  the  above  considerations,  and  to  invite  their 
early  attention  to  them,  and  express  the  earnest  hope  of  your  Govern- 
ment that  they  will  accept  them  and  aid  in  securing  their  acceptance 
by  the  other  interested  Powers. 
I  am,  etc., 

John  Hat. 


Viscount  Aoki  to  Mr.  Buck. 

[Translation.] 

Department  of  Foreign  Affairs, 
Tokyo ^  the  26th  day^  the  12th  month  of  the  32d  year  of  MeijL 

(December  26,  1899.) 
Mr.  Minister:  I  have  the  honor  to  acknowledge  the  receipt  of  the 
note  No.  176  of  the  20th  instant,  in  which,  pursuing  the  instructions 
of  the  United  States  Government,  Your  Excellency  was  so  good  as  to 
communicate  to  the  Imperial  Government  the  representations  of  the 
United  States  as  presented  in  notes  to  Russia,  Germany,  and  Great 
Britain  on  the  subject  of  commercial  interests  of  the  United  States 
in  China. 


196     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

I  have  the  happy  duty  of  assuring  Your  Excellency  that  the  Impe- 
rial Government  will  have  no  hesitation  to  give  their  assent  to  so  just 
and  fair  a  proposal  of  the  United  States,  provided  that  all  the  other 
Powers  concerned  shall  accept  the  same. 
I  avail  myself,  etc. 

Viscount  Aoki  Siuzo, 

Minister  for  Foreign  Affairs. 


RUSSIA. 

Mr.  Hay  to  Mr.  Tower. 

No.  82.]  Department  of  State, 

Washington^  September  6,  1S99. 

Sir:  In  1898,  when  His  Imperial  Majesty  had,  through  his  diplo- 
matic representative  at  this  capital,  notified  this  Government  that 
Russia  had  leased  from  His  Imperial  Chinese  Majesty  the  ports  of 
Port  Arthur,  Ta-lien-wan,  and  the  adjacent  territory  in  the  Liao-tung 
Peninsula  in  northeastern  China  for  a  period  of  twenty-five  years, 
your  predecessor  received  categorical  assurances  from  the  Imperial 
Minister  for  Foreign  Affairs  that  American  interests  in  that  part  of 
the  Chinese  Empire  would  in  no  way  be  affected  thereby,  neither  was 
it  the  desire  of  Russia  to  interfere  with  the  trade  of  other  nations,  and 
that  our  citizens  would  continue  to  enjoy  within  said  leased  ten'itory 
all  the  rights  and  privileges  guaranteed  them  under  existing  treaties 
with  China.  Assurances  of  a  similar  purport  were  conveyed  to  me 
by  the  Emperor's  Ambassador  at  this  capital;  while  fresh  proof  of 
this  is  afforded  by  the  Imperial  Ukase  of  auI^Jti  last,  creating  the  free 
port  of  Dalny ,  near  Ta-lien-wan,  and  establishing  free  trade  for  the 
adjacent  territory. 

However  gratifying  and  reassuring  such  assurances  may  be  in 
regard  to  the  territory  actually  occupied  and  administered,  it  can  not 
but  be  admitted  that  a  further,  clearer,  and  more  formal  definition  of 
the  conditions  which  are  henceforth  to  hold  within  the  so-called  Rus- 
sian '^ sphere  of  interest"  in  China  as  regards  the  commercial  rights 
therein  of  our  citizens  is  much  desired  by  the  business  world  of  the 
United  States,  inasmuch  as  such  a  declaration  would  relieve  it  from 
the  apprehensions  which  have  exercised  a  disturbing  influence  during 
the  last  four  years  on  its  operations  in  China. 

The  present  moment  seems  particularly  opportune  for  ascertaining 
whether  His  Imperial  Russian  Majesty  would  not  be  disposed  to  give 
permanent  form  to  the  assurances  heretofore  given  to  this  Government 
on  this  subject. 

The  Ukase  of  the  Emperor  of  August  11  of  this  year,  declaring  the 
port  of  Ta-lien-wan  open  to  the  merchant  ships  of  all  nations  during 


TREATIES  AND  COlTSrENTIONS  WITH  CHINA  AND  KOREA.      197 

the  remaincler  of  the  lease  under  which  it  is  held  by  Russia,  removes 
the  slightest  uncertainty  as  to  the  liberal  and  conciliatory  commercial 
policy  His  Majesty  proposes  carrying  out  in  northeastern  China,  and 
would  seem  to  insure  us  the  sympathetic  and,  it  is  hoped,  favorable 
consideration  of  the  propositions  hereinafter  specified. 

The  principles  which  this  Government  is  particularly  desirous  of 
seeing  formally  declared  by  His  Imperial  Majesty  and  by  all  the  great 
Powers  interested  in  China,  and  which  will  be  eminently  beneficial  to 
the  commercial  interests  of  the  whole  world,  are: 

First  The  recognition  that  no  Power  will  in  any  way  interfere  with 
any  treaty  port  or  any  vested  interest  within  any  leased  territory  or 
within  any  so-called  "sphere  of  interest"  it  may  have  in  China. 

Second.  That  the  Chinese  treaty  tariff  of  the  time  being  shall  apply 
to  all  merchandise  landed  or  shipped  to  all  such  ports  as  are  within 
said  "  sphere  of  interest"  (unless  they  be  "  free  ports"),  no  matter  to 
what  nationality  it  may  belopg,  and  that  duties  so  leviable  shall  be 
collected  by  the  Chinese  Government. 

Third.  That  it  will  levy  no  higher  harbor  dues  on  vessels  of  another 
nationality  frequenting  any  port  in  such  "sphere"  than  shall  be  levied 
on  vessels  of  its  own  nationality,  and  no  higher  railroad  charges  over 
lines  built,  controlled,  or  operated  within  its  "sphere"  on  merchan- 
dise belonging  to  citizens  or  subjects  of  other  nationalities  transported 
through  such  "sphere"  than  shall  be  levied  on  similar  merchandise 
belonging  to  its  own  nationals  transported  over  equal  distances. 

The  declaration  of  such  principles  by  His  Imperial  Majesty  would 
not  only  be  of  great  benefit  to  foreign  commerce  in  China,  but  would 
powerfully  tend  to  remove  dangerous  sources  of  irritation  and  possi- 
ble conflict  between  the  various  Powers;  it  would  reestablish  confi- 
dence and  security;  and  would  give  great  additional  weight  to  the 
concerted  representations  which  the  treaty  Powers  may  hereafter 
make  to  His  Imperial  Chinese  Majesty  in  the  interest  of  reform  in 
Chinese  administration  so  essential  to  the  consolidation  and  integrity 
of  that  Empire,  and  which,  it  is  believed,  is  a  fundamental  principle 
of  the  policy  of  His  Majesty  in  Asia. 

Germany  has  declared  the  port  of  Kiao-chao,  which  she  holds  in 
Shantung  under  a  lease  from  China,  a  free  port  and  has  aided  in  the 
establishment  there  of  a  branch  of  the  Imperial  Chinese  Maritime 
•  Customs.  The  Imperial  German  Minister  for  Foreign  Affairs  has  also 
given  assurances  that  American  trade  would  not  in  any  way  be  dis- 
criminated against  or  interfered  with,  as  there  is  no  intention  to  close 
the  leased  territory  to  foreign  commerce  within  the  area  which  Ger- 
many claims.  These  facts  lead  this  Government  to  believe  that  the 
Imperial  German  Government  will  lend  its  cooperation  and  give  its 
acceptance  to  the  proposition  above  outlined,  and  which  our  Ambas- 
sador at  Berlin  is  now  instructed  to  submit  to  it. 


198     TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

That  such  a  declaration  will  be  favorably  considered  by  Great  Brit- 
ain and  Japan,  the  two  other  Powers  most  interested  in  the  subject, 
there  can  be  no  doubt;  the  formal  and  oft-repeated  declarations  of 
the  British  and  Japanese  Governments  in  favor  of  the  maintenance 
throughout  China  of  freedom  of  trade  for  the  whole  world  insure 
us,  it  is  believed,  the  ready  assent  of  these  Powers  to  the  declaration 
desired. 

The  acceptance  by  His  Imperial  Majesty  of  these  principles  must 
therefore  inevitably  lead  to  their  recognition  by  all  the  other  Powers 
interested,  and  you  are  instructed  to  submit  them  to  the  Emperor's 
Minister  for  Foreign  Affairs  and  urge  their  immediate  consideration. 

A  copy  of  this  instruction  is  sent  to  our  Ambassadors  at  London 
and  Berlin  for  their  confidential  information,  and  copies  of  the  instruc- 
tions sent  to  them  on  this  subject  are  enclosed  herewith. 

I  have,  etc.,  John  Hay. 

(Enclosures:  To  London,  September  6,  1899,  No.  205.  To  Berlin,  September  6, 
1899,  No.  927.) 


Count  Mouravieff  to  Mr.  Tower. 

No.  7(>1.1  MiNiSTiiRE  DES  Affaires  Etrang^res, 

Premier  Department, 

Le  18  Decetiihre,  1899. 

Monsieur  l'Ambassadeur:  J'ai  eu  I'honneur  de  recevoir  la  note  de 
Votre  Excellence  en  date  du  8-20  Septembre  a.  c.  relative  aux  principes 
que  le  Gouvernement  des  Etats-Unisd^sirerait  voir  adopt^s  en  matiere 
^conomique  par  les  Puissances  ayant  des  int^rets  en  Chine. 

Pour  ce  qui  ejjt  du  territoire  c^d6  k  bail  par  la  Chine  k  la  Russie  le 
Gouvernement  Imperial  a  d6jS.  manifest^  sa  ferme  intention  de 
pratiquer  la  politique  de  "la  porte  ouverte"  en  ^rigeant  Dalny  (Ta- 
lien-wan),  en  port  franc;  et  si  «t  Tavenir  ce  dernier  port,  tout  en 
continuant  a  rester  franc,  ^tait  s6par6  par  une  ligne  de  douanes  du 
reste  du  territoire  dont  il  s'agit,  les  taxes  douanieres  seraient  pr^lev^es 
dans  la  zone  soumise  au  tarif ,  sur  toutes  les  marchandises  ^trang&res 
sans  distinction  de  nationality.  • 

Quant  aux  ports  d^jS.  ouverts,  ou  qui  le  seraient  a  Favenir,  par  le 
Gouvernement  Chinois,  au  commerce  Stranger  et  qui  se  trouvent  en 
dehors  du  territoire  c6d6  &  bail  a  la  Russie,  le  reglement  des  questions 
relatives  aux  taxes  douanieres  appartient  k  la  Chine  elle-meme,  et  le 
Gouvernement  Imperial  n'a  nuUement  I'intention  de  r^clamer  pour  ses 
nationaux  k  cet  egard  des  privileges  quelconques  ^  Pexclusion  des 
autres  Strangers.  II  va  de  soi  que  cette  assurance  du  Gouvernement 
Imperial  a  pour  condition  qu'une  declaration  semblable  serait  f aite  par 
les  autres  Puissances  ayant  des  int^rSts  en  Chine. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      199 

Convaincu  que  cette  r^ponse  est  de  nature  k  satisfaire  k  la  demande 
exprim^e  dans  la  note  susmentionn^e,  le  Gouvernement  Imperial  se 
f^licite  d'autant  plus  d'avoir  6t^  au  devant  des  voeux  du  Gouvernement 
Am^ricain,  qu'il  attache  le  plus  grand  prix  si  tout  ce  qui  pent  entretenir 
et  consolider  les  relations  amicales  traditionnelles  existant  entre  les 
deux  pays. 

Veuillez  agr^er,  Monsieur  PAmbassadeur,  I'assurance  de  ma  haute 
consideration. 

COMTj:   MOURAVIEFF. 


[Translation.] 

Ministry  of  Foreign  Affairs, 

December'  18-30,  1899. 

Mr.  Ambassador:  I  had  the  honor  to  receive  Your  Excellency's 
note  dated  the  8th-20th  of  September  last,  relating  to  the  principles 
which  the  Government  of  the  United  States  would  like  to  see  adopted 
in  commercial  matters  by  the  Powers  which  have  interests  in  China. 

In  so  far  as  the  territory  leased  by  China  to  Russia  is  concerned,  the 
Imperial  Government  has  already  demonstrated  its  firm  intention  to 
follow  the  policy  of  "  the  open  door  "  by  creating  Dalny  (Ta-lien-wan) 
a  free  port;  and  if  at  some  future  time  that  port,  although  remaining 
free  itself,  should  be  separated  by  a  customs  limit  from  other  portions 
of  the  territory  in  question,  the  customs  duties  would  be  levied,  in  the 
zone  subject  to  the  tariff,  upon  all  foreign  merchandise  without  dis- 
tinction as  to  nationality. 

As  to  the  ports  now  opened  or  hereafter  to  be  opened  to  foreign 
commerce  by  the  Chinese  Government,  and  which  lie  beyond  the  ter- 
ritory leased  to  Russia,  the  settlement  of  the  question  of  customs 
duties  belongs  to  China  herself,  and  the  Imperial  Government  has  no 
intention  whatever  of  claiming  any  privileges  for  its  own  subjects  to 
the  exclusion  of  other  foreigners.  It  is  to  be  understood,  however, 
that  this  assurance  of  the  Imperial  Government  is  given  upon  condi- 
tion that  a  similar  declaration  shall  be  made  bj'^  other  Powers  having 
interests  in  China. 

With  the  conviction  that  this  reply  is  such  as  to  satisfy  the  inquiry 
made  in  the  aforementioned  note,  the  Imperial  Government  is  happy 
to  have  complied  with  the  wishes  of  the  American  Government, 
especially  as  it  attaches  the  highest  value  to  anything  that  may 
strengthen  and  consolidate  the  traditional  relations  of  friendship 
existing  between  the  two  countries. 
I  beg  you  to  accept,  etc. 

Count  Mouravieff. 


200     TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

INSTRUCTION  SENT  MUTATIS  MUTANDIS  TO  THE  UNITED  STATES 
AMBASSADORS  AT  LONDON,  PARIS,  BERLIN,  ST.  PETERSBURG,  AND 
ROME,  AND  TO  THE  UNITED  STATES  MINISTER  AT  TOKYO. 

Department  of  State, 

Washington,  March  20,  1900. 

Sir:  The Government  having  accepted  the  declaration  sug- 
gested by  the  United  States  concerning  foreign  trade  in  China,  the 

terms  of  which  I  transmitted  to  you  in  my  instruction  No.  —  of , 

and  like  action  having  been  taken  by  all  the  various  Powers  having 
leased  territory  or  so-called  ''spheres  of  interest"  in  the  Chinese 
Empire,  as  shown  by  the  notes  which  I  herewith  transmit  to  you,** 
you  will  please  inform  the  Government  to  which  you  are  accredited 
that  the  condition  originally  attached  to  its  acceptance — ^that  all  other 
Powers  concerned  should  likewise  accept  the  proposals  of  the  United 
States — having  been  complied  with,  this  Government  will  therefore 
consider  the  assent  given  to  it  by as  final  and  definitive. 

You  will  also  transmit  to  the  Minister  for  Foreign  Affairs  copies  of 
the  present  enclosures,  and  by  the  same  occasion  convey  to  him  the 
expression  of  the  sincere  gratification  which  the  President  feels  at  the 
successful  termination  of  these  negotiations,  in  which  he  sees  proof  of 
the  friendly  spirit  which  animates  the  various  Powers  interested  in  the 
untrammeled  development  of  commerce  and  industry  in  the  Chinese 
Empire,  and  a  source  of  vast  benefit  to  the  whole  commercial  world. 
I  am,  etc., 

John  Hay. 


o  All  printed  arUe. 


No.  29. 

RUSSIA, 

ARRANGEMENT  BETWEEN  TSENG  CHI,  TARTAR  GENERAL  OF  MUK- 
DEN AND  ADMIRAL  ALEXEIEFF,  COMMANDER  IN  CHIEF  OF  KUAN- 
TUNG  PENINSULA  AND  OF  THE  RUSSIAN  NAVAL  AND  MILITARY 
FORCES  IN  THE  PACIFIC. 

Signed  at  Pobt  Arthur,  January  30,  1901. « 

[Translation.] 

1.  All  official  residences  in  Mukden  to  be  handed  back  to  the  Chinese 
officials  who  will  act  in  accordance  with  the  terms  arranged. 

2.  Chinese  officials  to  be  allowed  to  go  to  their  posts  in  all  those 
towns  taken  by  the  Russians.  They  may  establish  police  forces;  in 
large  places  to  the  number  of  500  men,  in  medium  sized  places  300 
men,  in  others  200.  These  police  may  caiTy  arms  but  must  be  pro- 
vided with  distingfuishing  badges  stamped  by  the  Russian  and  Chinese 
authorities. 

3.  Robbers  and  rebels  taken  by  Russian  police  to  be  handed  over 
to  the  local  officials  to  be  dealt  with  by  Russian  and  Chinese  law  (sic.) 

4.  The  Newchwang  customs  duties  and  likin  to  be  collected  tem- 
porarily by  Russians  and  the  Imperial  commands  awaited  as  to  the 
application  of  such  funds  after  a  treaty  has  been  signed  between 
Russia  and  China.  All  other  sources  of  revenue  are  to  be  under  the 
control  of  the  Tartar  General. 

6.  The  western  roads  of  the  province  are  at  present  disturbed  and 
unsafe.  Russian  troops  to  be  withdrawn  from  those  parts  so  that 
traffic  may  be  resumed.  Newchwang  being  now  closed  by  ice,  the 
products  of  the  southern  roads,  tobacco,  hemp,  beans  and  grain  have 
no  exit.     The  rail  by  Port  Arthur  can  be  used  for  their  transport. 

6.  Russia  may  establish  a  Resident  at  Mukden  and  two  Deputies  for 
international  business,  who  will  transact  such  business  in  conjunction 
with  the  Chinese  Deputies. 

7.  The  duty  of  the  Taotai  of  Newchwang  is  to  control  the  customs. 
The  Russian  authorities  are  at  present  collecting  the  revenue  of  the 
Foreign  Customs  House.  The  Tartar  General  may  order  the  Taotai 
to  return  and  act  in  cooperation  with  them. 

8.  The  disbanded  Chinese  troops  for  the  most  part  took  their 
weapons  with  them  in  their  flight.     The  Russian  military  authorities 

ffThe  original  Convention  bears  date  November  11,  1900. 

201 


202     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

need  not  send  to  search  them  out.  The  Tartar  General  will  despatch 
officials  in  all  directions  to  find  them  and  so  obviate  any  alarm  to  the 
populace. 

9.  The  Tartar  General  has  no  plenipotentiary  powers.  The  result 
of  the  negotiations  of  Prince  Ch'ing  and  Grand  Secretary  Li  Hung- 
chang  must  be  awaited.     Russia  is  desirous  of  a  lasting  peace. 

10.  The  Tartar  General  Tseng  Chi  is  to  remain  for  four  years  in 
office  in  this  province  to  reorganize  public  affairs  after  the  late  dis- 
turbances. 


No.  30. 

FKA:tfCE— RUSSIA. 

THE  FRANCO-RUSSIAN  DECLARATION.^ 

Mabch  3  (16),  1902. 

[Translation.] 

The  allied  Governments  of  Russia  and  France  have  received  a  copy 
of  the  Anglo- Japanese  Agreement  of  the  30th  Januar}"  1902,*  concluded 
with  the  object  of  maintaining  the  statxis  quo  and  the  general  peace  in 
the  Far  East,  and  preserving  the  independence  of  China  and  Korea, 
which  are  to  remain  open  to  the  commerce  and  industry  of  all  nations, 
and  have  been  fully  satisfied  to  find  therein  aflSrmed  the  fundamental 
principles  which  they  have  themselves,  on  several  occasions,  declared 
to  form  the  basis  of  their  policy,  and  which  still  remain  so. 

The  two  Governments  consider  that  the  observance  of  these  princi- 
ples is  at  the  same  time  a  guarantee  of  their  special  interests  in  the 
Far  East.  Nevertheless,  being  obliged  themselves  also  to  take  into 
consideration  the  case  in  which  either  the  aggressive  action  of  third 
Powers,  or  the  recurrence  of  disturbances  in  China,  jeopardizing  the 
integrity  and  free  development  of  that  Power,  might  become  a  menace 
to  their  own  interests,  the  two  allied  Governments  reserve  to  them- 
selves the  right  to  consult  in  that  contingency  as  to  the  means  to  be 
adopted  for  securing  those  interests. 

St.  Petersburg,  March  3  (16),  1902. 

«  British  Parliamentary  Blue  Book — China,  No.  2  (1904),  p.  .37. 
^  See  iupra,  p.  97. 

203 


CHinsr^. 


CHARTERS,  CONTRACTS,  CONCESSIONS  FOR  RAILWAYS,  MINING,  ETC., 
REGULATIONS  CONCERNING  SAME,  AND  OTHER  DOCUMENTS. 

AKBA17GED  CHBONOIiOGICAIiLY. 

205 


No.  31. 

CHARTER  OF  THE  RU8S0-CHINESE  BANK.a 
Dbcember  10,  1895. 

(Extracts.) 

The  original  bears  the  following  inscription: 

His  Majesty  the  Emperor  has  deigned  to  sanction  this  Charter  at 
Tsarskoe  Selo  on  the  10th  of  December  1895. 

(Signed)  A.  EouLOBisiNE, 

Manager  of  Affairs  of  the  Committee  of  the  Siberian  Raihoay, 


Part  1. 
oroanization  and  capital  of  the  bank. 

§1. 

In  virtue  of  the  present  Charter,  a  Joint-Stock  Company  is  formed 
in  order  to  found  a  Bank,  for  transacting  commercial  operations  in  the 
East- Asiatic  countries,  under  the  name  of  ''Russo-Chinese  Bank." 

The  Bank  will  transact  the  above  operations  through  its  branches, 
which  will  be  opened  in  the  above  named  countries,  and  through  its 
agents. 

The  Board  of  Directors  of  the  Bank  (§  27)  and  the  Managing- 
Directors  (§  34)  will  be  domiciled  in  St.  Petersburg  where  a  special 
Russian  branch  will  be  established  in  order  to  ena])lo  the  Bank  to  place 
in  Russia  a  part  of  its  capital  or  funds  temporarily  unemployed;  this 
branch  will  have  the  right  to  effect  the  transactions  mentioned  in 
Part  II,  §  14.     *    ♦    ♦ 

§2. 

The  Board  of  Directors  of  the  Bank  has  the  right,  in  accordance 
with  the  decisions  taken  by  the  General  Meetings  of  shareholders, 
which  are  held  in  St.  Petersburg,  and  with  the  amortization  of  the 
Minister  of  Finance,  to  open  branches  in  Russia  and  abroad  where 
this  may  be  necessary.  The  management  and  the  transactions  of  each 
branch  will  be  stipulated  by  the  Board  of  Directors  of  the  Bank  with 
the  approval  of  the  General  Meetings  of  shareholders  on  the  exact 

«  From  Enj^lish  version  approved  by  the  apjent  of  the  Russian  Ministry  of  Finance 
in  London,  M.  Routkowsky. 

207 


208  TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

basis  of  the  present  Charter.  The  operations  of  the  branches  of  the 
Bank  are  guaranteed  by  the  entire  paid  up  Capital  of  the  Bank,  its 
reserves  as  well  as  by  all  its  other  assets. 

§3. 
The  Bank  is  founded  for  an  unlimited  period. 

§4. 

The  capital  of  the  Bank  is  fixed  originally  at  six  millions  Gold 
Roubles.  This  capital,  formed  by  the  issue  of  48,000  shares  of  126 
gold  roubles  each,  may  be  later  on  increased  by  means  of  new  issues 
of  shares  of  the  same  nominal  value  (125  gold  roubles)  to  be  decided 
upon  by  the  General  Meeting  of  shareholders  and  with  the  authoriza- 
tion of  the  Minister  of  Finance. 

Remark  1. — By  the  Capital  of  the  Bank  is  understood  the  amount 
of  money  actually  paid  in. 

Remark  2. — In  compliance  with  the  decision  taken  by  General 
Meeting  of  shareholders  on  the  27th  of  June  1898  and  with  the 
authorization  of  the  Minister  of  Finance,  the  capital  of  the  Bank 
has  been  increased  from  the  1st  of  January  1899  by  Rs.  2,260,000 
through  the  issue  of  12,000  additional  shares  of  a  nominal  value  of 
Rs.  187,60  each. 

Remark  3. — In  compliance  with  the  decision  taken  by  the  General 
Meeting  of  shareholders  on  the  22nd  of  June  1902  and  with  the 
authorization  of  the  Minister  of  Finance,  the  capital  of  the  Bank 
has  been  increased  by  Rs.  3,760,000 — through  the  issue  of  20,000 
additional  shares  of  a  nominal  value  of  Rs.  187,60  each.     ♦    *    * 

Pabt  II. 

OPEBATIONS  OF  THE  BANK. 
§14. 

The  object  of  the  Russo-Chinese  Bank  is  exclusively  to  develop  the 
commercial  relations  with  the  East- Asiatic  countries.  The  Bank  will 
have  the  right  to  transact  in  these  countries  through  its  branches  and 
with  the  authorization  of  the  governments  of  the  respective  countries, 
the  following  operations: 

1.)  The  discount  and  re-discount  of  bills  of  exchange  and  other 
commercial  papers  maturing  within  one  year. 

2.)  The  purchase  and  the  sale,  for  its  own  account  and  for  the 
account  of  private  persons  and  commercial  firms,  of  goods  and  stocks 
of  every  description,  as  shares,  bonds,  etc. 


TREATIES  AND  CONVENTIONS  Wlffl  CHINA  AND  KOBEA.      209 

Eemark. — The  total  amount  of  goods  or  securities  not  guaranteed 
by  European  States  of  prime  order  and  purchased  by  the  Bank  for  its 
own  account,  shall  not  exceed  one  quarter  of  the  paid  up  capital  of 
the  Bank. 

3.)  The  purchase  and  the  sale,  for  its  own  account  or  on  conmiis- 
sion  for  account  of  third  parties,  of  precious  metals  in  bullion  or  coin, 
of  drafts,  of  transfers  and  of  credits  of  every  kind. 

4.)  The  opening  of  subscriptions  for  public  loans  and  for  issues  of 
bonds  and  stocks. 

6.)  The  forwarding  by  sea,  river  and  land  of  goods  and  the  accept- 
ance of  goods  as  collateral  for  advances  made,  the  issue  of  warrants, 
in  compliance  with  the  conditions  stated  in  11  -b)  section  I  of  the 
present  article. 

6.)  The  acceptance  of  bills  of  exchange  with  or  without  guarantee, 
according  to  the  rules  specified  in  the  remark  to  11  -a)  section  I  of  the 
present  article. 

7.)  The  opening  of  accounts  for  the  deposit  of  money  for  limited 
or  unlimited  time  as  Well  as  of  simple  current  accounts. 

8.)  The  deposits  and  safe  keeping  of  all  kinds  of  securities  and 
other  valuables  against  a  fixed  commission. 

9.)  The  issue  of  bank  notes  in  Taels,  Dollars,  Pounds  Sterling  and 
in  other  currency  of  the  country,  for  an  amount  not  to  exceed  the  paid 
up  capital  and  the  reserves  of  the  Bank. 

The  said  banknotes  shall  be  issued  to  bearer  and  to  be  redeemed  on 
demand  by  the  Bank  or  by  those  of  its  branches  which  have  issued 
same. 

Remark. — ^The  bank  must  always  have  in  reserve,  an  amount  in  cash 
not  less  than  one  third  of  the  amount  of  banknotes  in  circulation. 

10.)  The  collection  of  duties  in  the  Empire  of  China,  and  the  trans- 
actions relating  to  the  State  treasury  of  the  respective  place,  the  coin- 
age, with  the  authorization  of  the  Chinese  Government,  of  the  country's 
money,  the  payment  of  the  interest  on  loans,  concluded  by  the  Chinese 
Government,  the  acquisition  of  concessions  for  the  construction  of 
railways  within  the  boundaries  of  China  and  the  establishment  of 
telegraph  lines. 

11.)  The  loans  and  the  opening  of  credits  for  a  term  not  exceeding 
one  year; 

a)  against  the  deposit  of  Government  securities  and  parts,  shares 
and  bonds  of  private  corporations  at  a  valuation  not  exceeding  90%  of 
their  market  value. 

Remark. — In  special  cases,  the  Bank  shall  have  the  right  to  open  to 
its  customers,  credits  without  special  guarantee,  but  upon  condition 
that  the  total  sum  of  such  credits  shall  not  exceed  one  half  of  the  cap- 
ital (actually  paid  in)  and  of  the  reserve  capital  of  the  Bank,  and  that 
27938-04 14 


210     TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

the  opened  credits  shall  not  exceed  a  period  of  4  months,  at  the  expi- 
ration of  which  the  Bank  must,  if  the  advances  made  are  not  refunded  or 
guaranteed  by  collateral  in  conformity  with  the  present  Charter  begin 
proceedings  against  the  debtors  to  enforce  payment.  The  member* 
of  the  Board  or  the  managers  of  the  branches  of  the  Bank,  to  whom  the 
Board  of  Directors  shall  have  given  the  right  in  question,  are  respon- 
sible for  the  adoption  of  measures  to  carry  this  into  eflfect. 

The  Board  has  the  right  to  extend  in  certain  cases  the  said  credits 
without  special  guarantee,  for  a  term  not  exceeding  one  year.  The 
rules,  under  which  these  extensions  shall  be  granted,  have  to  be  sub- 
mitted to  the  approval  of  the  Minister  of  Finance  of  Russia. 

h)  against  bills  of  lading,  warrants,  receipts  of  forwarding  compa- 
nies, of  railroad  companies  and  of  steamship  societies,  for  goods  not 
perishable  or  subject  to  easy  depreciation,  up  to  an  amount  not  exceed- 
ing 80%  of  the  value  of  these  goods,  upon  condition  that  they  should  be 
insured  for  at  least  ro%  above  the  amount  of  the  loan  and  for  a  term 
exceeding  at  least  one  month  the  term  of  the  loan,  and  on  condition 
that  the  policies  will  be  deposited  with  the  Bank. 

Remark. — Advances  against  tea  can  be  made  up  to  90%  of  its  value. 

c)  against  deposit  of  precious  metals  not  above  their  market  value. 

d)  against  deposits  of  goods,  not  perishable  or  subject  to  easy 
depreciation,  to  an  amount  not  exceeding  80%  of  their  value,  upon 
condition  that  they  be  stored  in  fireproof  and  perfectly  safe  ware- 
houses, that  they  be  insured  against  fire  for  at  least  10%  above  the 
amount  of  the  loan  demanded  and  for  a  period  exceeding  at  least  one 
month  the  term  of  the  loan,  that  the  policies  be  deposited  with  the 
Bank  and  that  the  rent  of  the  warehouse  be  paid  for  a  term  which 
shall  exceed  by  at  least  one  month  the  oeriod  of  the  loan  against  the 
goods. 

12)  The  insurance  of  goods  against  fire  and  accidents. 

13)  The  purchase  and  the  sale  of  real  estate  for  account  of  third 
parties. 

Remark. — The  purchase  and  sale  of  real  estate  in  China  are  only 
allowed  in  the  places  open  to  foreign  trade. 

14)  Ev^ry  other  credit-operation  not  mentioned  in  the  preceding 
sections  of  the  present  article  and  in  conformity  with  the  customs  and 
laws  of  the  respective  countries  but  only  upon  unanimous  decision  of 
the  Board  of  Directors  with  the  approval  of  the  Minister  of  Finance 
of  Russia.     *    *    * 

Part  IX. 

GENERAL  PROVISIONS. 

All  misunderstandings,  arising  in  the  interpretation  of  the  present 
Charter,  shall  be  finally  decided  by  the  Minister  of  Finance,  ^.fter 
hearing  the  report  thereon  of  the  Board  of  Directors. 


TBEATIB8  AND  CONVENTIONS  WITH  CHINA  AND  KOBE  A.      211 

§67. 

In  all  cases  not  provided  for  in  the  present  Charter,  the  Bank  shall 
act  in  accordance  with  the  Kussian  laws  now  in  force,  or  to  be  enacted, 
concerning  joint-stock  companies. 

§68. 

The  Branches  and  agencies  of  the  Bank  situated  in  Asia  are  placed 
under  the  protection  of  the  representatives  of  the  Russian  Govern- 
ment and  submitted  to  the  consular  jurisdiction  in  the  countries  where 
this  jurisdiction  exists  by  virtue  of  treaties 


No.  32. 

RUSSIA. 

AGREEMENT  BETWEEN  THE  CHINESE  GOVERNMENT  AND  THE  RUSSO- 
CHINESE  BANK  FOR  THE  CONSTRUCTION  AND  MANAGEMENT  OF 
THE  CHINESE  EASTERN  RAILWAY. 

IMPERLA.L  SANCTION   RBCSIVED  BY   THB  ChINBSK  EnVOY  TO   RuBSIA  HstJ, 

DATED  29.  August  1896. 

Agrbembnt  signed  September  8,  1896. 

[Translation  from  Chinese  text.] 

1.  China  and  Russia  establish  a  Company  to  be  called  the  Chinese 

Eastern  Railway  Co.  to  construct  and  manage  this 
Pormation  of  Railway.  The  Seal  to  be  used  by  the  Company  will 
of  DSSitor.  '^  **  t)e  issued  by  the  Chinese  Government.  The  regula- 
tions of  the  Company  will  be  in  conformity  with  those 
of  Russian  Railway  Companies.  Shares  may  only  be  bought  by  Chi- 
nese and  Russians.  The  Director  of  the  Company  will  be  appointed  by 
China.  His  remuneration  will  be  provided  for  by  the  Company.  He 
may  live  in  Peking.  His  duty  will  be  to  supervise  the  task  delegated 
to  the  Company  by  China,  and  to  ascertain  whether  its  obligations  are 
faithfully  performed.  All  business  between  the  Company  and  the 
Chinese  Government  or  any  Chinese  officials,  either  in  Peking  or  the' 
provinces,  will  also  be  managed  by  the  Director.  The  Director  will 
also  investigate  from  time  to  time  the  accounts  of  the  Company  with 
the  Chinese  Government.  An  agent  must  be  stationed  in  Peking  for 
convenience  of  consultation. 

2.  For  the  purpose  of  surveying  the  course  of  the  railway,  the  Chi- 

nese Director  will  depute  an  officer  to  act  in  conjunc- 
Swrvey  of  route    ^^^^  ^{^j^  f^^  Company's  Engineer  and  the  local  officials 

along  the  line  of  route,  who  will  arrange  matters  sat- 
isfactorily. Measures  must  be  taken  to  pass  round  all  houses,  graves, 
villages,  and  towns  on  the  course  of  the  railway. 

3.  Within  twelve  months  of  the  issue  of  an  Imperial  EJdict  sanction- 

ing th  is  agreement,  the  Company  must  have  commenced 
mencing  and  com-  work  on  the  railway;  and  within  six  years  from  the 
pieting  construe-  date  of  the  completion  of  the  survey  for  the  line  and 
^^^'  the  handing  over  to  the  Company  of  the  necessary  land, 

the  whole  line  must  be  completed.     The  guage  of  the  line  must  be  that 
of  the  Russian  Railway  i.  e.  5  Russian  feet  equivalent  to  42^  Chinese 
inches. 
212 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      213 


4.  The  Chinese  Government  will  order  all  local  oflScials  concerned 
to  do  their  utmost  to  assist  the  Company  in  regard 

L   VlUUJJilV  Ml 

assist 


to  all  material   required  for  the  construction  of  the 


railway,  in  engaging  labourers  and  boats,  carts, 
men  and  horses  for  transport  purposes,  and  in  the  purchase  of  grain 
and  fodder.  All  these  must  be  paid  for  by  the  Company  at  market 
i-ates.  The  Chinese  Government  will  also  afford  facilities  for 
transport. 

5.  The  Chinese  Government  will  take  measures  for  the  protection 

staff  Protec-  ^^  ^^^  ^^^^  ^^^  ^^  ^^®  ^^^  employed  thereon.  The 
tion,  jurisdiction  staff,  Chinese  and  Foreign,  necessary  for  the  line  will 
on  leased  land.  ^^  engaged  as  required  by  the  Company.  All  crimes 
and  lawsuits  arising  on  the  land  of  the  Company  will  be  dealt  with  by 
the  local  officials  in  accordance  with  Treaty. 

6.  As  regards  the  land  required  by  the  Company  for  constructing, 

managing,  and  protecting  the  line  and  adjacent  land, 
how  obtJned"*  '    ^^^  procuring  sand,  earth,  stones  and  lime,  if  the  land 

be  Government  land,  it  will  be  given  the  Company 
without  payment.  If  privately  owned,  the  Company  will  provide 
funds  for  payment  to  the  proprietors  at  market  rates,  either  in  one 
payment  or  as  yearly  rent.  All  the  Company's  land  will  be  exempted 
from  land  tax.  As  soon  as  the  land  comes  under  the  management  of 
the  Company,  they  may  erect  thereon  any  buildings  and  carry  on  all 
kinds  of  work,  they  may  establish  a  telegraph  line  thereon  worked 
by  the  Company  for  the  Company's  use.  With  the  exception  of  mines, 
for  which  special  arrangements  must  be  made,  all  receipts  of  the  Com- 
pany for  transport  of  passengers  and  freight,  telegrams,  etc.,  will  be 
exempt  from  all  taxation. 

7.  All  materials  required  by  the  Company  for  the 
f?*tJ'^'    ^^^    construction  and   repair  of   the  line  will  be  exempt 

from  taxation. 

8.  All  Russian  troops,  naval  or  military,  and  munitions  of  war,  moved 

by  the  Russian  Government  by  this  railway,  must  be 
Enwian^^^oops'  ^^^^^^7^^  ^7  *^®  Company  directly  across  the  border, 
etc.  '    Apart  from  slight  detentions  en  route  incidental  to 

transfers,  no  other  delays  will  be  permitted  for  any 
causo. 

9.  Any  foreign  passengers  by  this  line  who  may  proceed  into  the 

interior  away  from  the  railway,  must  be  provided  with 

asspo    .  Chinese  passports  authorising  them  to  proceed.     Any 

person  unprovided  with  such  passports  must  be  forbidden  by  the 

Company  to  proceed  into  the  interior. 

Note. — At  the  time  this  article  was  arranged  it  was  noticed  that  the  French  text 
had  after  the  word  "repair"  the  word  *' management."  The  Commissioner  of 
Customs  Grote  remarked  to  the  (xrand  Secretary  Li  that  "repair"  and  "manage- 
ment" were  synonymous,  and  the  word  "managjement"  appearing  in  the  original 
French  was  omitted.  There  was  however  no  intention  of  altering  the  original 
meaning,  and  this  explanation  is  therefore  added. 


214     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

10.  All  goods  and  baggage  coming  from  Russian  territory  and  again 

entering  Russian  territory  by  this  line  will  be  exempt 
ods'caiied*  °'   from  taxation,  but  such  goods  and  baggage,  with  the 

exception  of  personal  luggage  with  passengers,  must 
be  carried  by  the  Company  in  special  vans  and  sealed  by  the  Customs 
officers  on  entering  Chinese  territory,  and  on  leaving  Chinese  territory 
they  must  be  examined  by  the  Customs  officers  to  ascertain  that  the 
seals  are  intact,  in  which  case  they  will  be  allowed  to  pass.  If  it 
be  found  that  the  seals  have  been  opened  en  route  the  goods  will  be 
confiscated. 
As  to  goods  conveyed  by  this  line  from  Russia  to  China  or  from 

China  to  Russia,  they  will  pay  duty  according  to  the 
ex^lSd^'or^^to-  "^^^^^J  Tariff  i.  e.  an  Import  or  Export  duty  as  the 
ported  over  Une.      case  maj^  be,  but  subject  to  a  reduction  of  i  of  the 

Tariff  rate.  If  such  goods  be  conveyed  to  the  interior 
they  must  pay  Transit  duty  in  addition  i.  e.  half  the  amount  of  the 
duty  already  paid.  Transit  duty  being  paid,  they  are  not  to  be  taxed 
again  on  passing  Customs  stations  or  likin  barriers.  But  if  Transit 
duty  be  not  paid,  they  must  pay  duty  at  stations  and  at  likin  barriers. 
China  must  establish  Customs  stations  at  the  two 
mi  I     om.  p^jjjj^  where  the  line  crosses  the  frontier. 

11.  Fares  for  passengers,  freight  for  goods,  and  charges  for  loading 
Pares    and    or  unloading  will  be  fixed  by  the  Company.     Chinese 

flreights.  Chinese  Government  despatches  and  letters  must  be  carried  by 
tioni  earried  at  the  Company  free  of  cost.  Chinese  troops  and  muni- 
half  rates,  tions  of  war  will  be  carried  at  half  rates. 

12.  From  the  day  of  completion  of  the  railway  and  the  commence- 

ment of  traffic,  for  a  period  of  80  years,  all  profit  made 

to^to?*afto^o    ^y  *^®  *'"®  ®^^'^  belong  to  the  Company  solely.     Any 

years.  loss  must  likewise  be  borne  by  it,  the  Chinese  Gov- 

ernment cannot  be  responsible.     After  80  years  the 

line  and  all  its  property  are  to  revert  to  the  Chinese  Government 

without  payment. 
Thirty  six  years  after  commencement  of  traffic,  China  may  take  over 
the  line  on  payment  of  the  following  &  all  capital  and 

after'8e**ears^"**    ^''  moneys  owed  on  account  of  the  line  and  interest. 
As  to  profits  made  by  the  Company,  should  there  be 

any  not  distributed  to  shareholders,  these  must  be  taken  to  be  capital 

returned  and  deducted  from  the  price  paid  for  the  line.     China  must 

actually  pay  over  the  amount  of  purchase  to  Russia  before  receiving 

possession  of  the  line. 
On  the  day  the  line  is  completed  and  traffic  commenced  the  Company 

will  pay  the  Chinese  Government  J^'ive  mllliwi  Treasury  taels. 


No.  33. 

RUSSIA. 

STATUTES  OF  THE  CHINESE  EASTERN  RAILWAY  COMPANY.fl 
St.  Pbtbbsburo,  Dbcembeb  4/16,  1896. 

[Translation.] 

The  Minister  of  Finances  presented  on  the  8/ 20th  December,  1896, 
to  the  Ruling  Senate  for  publication  a  copy  of  the  Statutes  of  the 
Chinese  Eastern  Railway  Company,  which  were  Imperially  confirmed 
on  the  4'16th  December,  1896. 


Statutes  of  the  Chinese  Eastern  Railway  Company, 
formation  of  the  company. 

§1.  On  the  strength  of  the  Agreement  concluded  on  the  27th 
August/ 8th  September,  1896,  by  the  Imperial  Chinese  Government 
with  the  Russo -Chinese  Bank,  a  Company  is  formed  under  the  name 
of  the  '*" Eastern  Chinese  Railway  Company"  for  the  construction  and 
working  of  a  railway  within  the  confines  of  China  from  one  of  the 
points  on  the  western  borders  of  the  Provinces  of  Hei-Lun-Tsian,  to 
one  of  the  points  on  the  eastern  borders  of  the  Province  of  Ghirin 
and  for  the  connection  of  this  railway  with  those  branches  which  the 
Imperial  Russian  Government  will  construct  to  the  Chinese  frontier 
from  Trans-Baikalia  and  the  southern  Ussuri  lines.* 

The  formation  of  the  Company  shall  be  undertaken  by  the  Russo- 
Chinese  Bank. 

With  the  formation  of  the  Company  all  rights  and  obligations  are 
transferred  to  it  in  regard  to  the  construction  and  working  of  the  line 
ceded  in  virtue  of  the  above-named  Agreement  of  the  27th  August^8th 
September,  1896. 

o  '* British  and  Foreign  State  Papers^''  Vol.  LXXXVIII,  p.  773,  and  Official  Gazette 
(''BuOetin  des  Lois'")  of  the  llth/2Srd  December,  1896,  No.  137. 

&  Observation. — The  Company  is  empowered,  subject  to  the  sanction  of  the  Chinese 
Government,  to  exploit,  in  connection  with  the  railway  or  independently  of  it,  coal 
mines,  as  also  to  exploit  in  China  other  enterprises — mining,  industrial,  and  com- 
mercial. For  the  working  of  these  enterprises  which  may  be  independent  of  the 
railway,  the  Company  shall  keep  accounts  separate  from  those  of  the  railway. 

215 


216     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

The  Company  shall  be  recognized  as  formed  on  the  presentation  to 
the  Minister  of  Finances  of  a  warrant  of  the  State  Bank  certifying 
the  payment  of  the  first  instalment  on  the  shares.  In  any  case  such 
payment  must  be  made  not  later  than  two  months  from  the  day  of 
confirmation  of  the  present  Statutes. 

The  succeeding  instalments  on  the  shares  shall  be  paid  in  such  orders 
of  gradation  that  the  shares  shall  be  fully  paid  up  at  their  nominal 
value  not  later  than  one  year  from  the  day  of  formation  of  the  Com- 
pany. 

Owners  of  shares  of  the  Company  may  only  be  Russian  and  Chinese 
subjects. 

TERM  OF  CONCESSION. 

§2.  In  virtue  of  the  Agreement  with  the  Chinese  Government,  the 
Company  shall  retain  possession  of  Chinese  Eastern  Railway  during 
the  course  of  eighty  years  from  the  day  of  the  opening  of  traffic  along 
the  whole  line. 

OBLIGATION  TOWABDS  THE   RUSSIAN   GOVERNMENT. 

§3.  In  recognition  that  the  enterprise  of  the  Chinese  Eastern  Rail- 
way will  be  realized  only  owing  to  the  guarantee  given  by  the  Russian 
Government  in  regard  to  the  revenue  of  the  line  for  covering  working 
expenses  as  well  as  for  effecting  the  obligatory  payments  on  the  bonds 
(§§11,  16),  the  Company,  on  its  part,  binds  itself  to  the  Russian  Gov- 
ernment during  the  whole  term  of  the  Concession  under  the  following 
obligations: — 

{a)  The  Chinese  Eastern  Railway  with  all  its  appurtenances  and 
rolling-stock  must  be  always  maintained  in  full  order  for  satisfying 
all  the  requirements  of  the  service  of  the  line,  in  regard  to  the  safety, 
comfort,  and  uninterrupted  conveyance  of  passengers  and  goods; 

(J)  The  traffic  on  the  Chinese  Elastern  line  must  be  maintained  con 
formably  with  the  degree  of  traffic  on  the  Russian  railway  lines 
adjoining  the  Chinese  line; 

(c)  The  trains  of  all  descriptions  running  between  the  Russian  Trans- 
Baikal  and  Ussuri  lines  shall  be  received  by  the  Chinese  Eastern 
Railway  and  dispatched  to  their  destination  in  full  complement  without 
delay; 

(d)  All  through  trains,  both  passenger  and  goods,  shall  be  dispatched 
by  the  Eastern  Chinese  Railway  at  rates  of  speed  not  lower  than  those 
which  shall  be  adopted  on  the  Siberian  Railway; 

(e)  The  Chinese  Eastern  Railway  is  bound  to  establish  and  main- 
tain a  telegraph  along  the  whole  extent  of  the  line  and  to  conn^t  it 
with  the  telegraph-wire  of  the  Russian  adjoining  railways,  and  to 
receive  and  dispatch  without  delay  through  telegrams  sent  from  one 
frontier  station  of  the  line  to  another,  as  also  telegrams  sent  from 
Russia  to  China,  and  conversely; 


TKEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      217 

(y*)  Should,  with  the  development  of  traffic  on  the  Chinese  East- 
ern Railway,  its  technical  organization  prove  insufficient  for  satisfy- 
ing the  requirements  of  a  regular  and  uninterrupted  passenger  and 
goods  traffic,  the  Chinese  Eastern  Railway  shall  immediately,  on 
receipt  of  a  notification  on  the  part  of  the  Russian  railways  to  aug- 
ment its  capacity  to  a  corresponding  degree,  adopt  the  necessary 
measures  for  further  developing  its  technical  organization  and  the 
traffic  on  it.  In  the  event  of  a  difference  of  opinion  arising  between 
the  above-mentioned  railways,  the  Chinese  Eastern  Railway  shall  sub- 
mit to  the  decision  of  the  Russian  Minister  of  Finances.  If  the  means 
at  the  conmiand  of  the  Chinese  Eastern  Railway  prove  insufficient  for 
carrying^  out  the  necessary  work  of  its  development,  the  Board  of 
Management  of  the  railway  may  at  all  times  apply  to  the  Russian 
Minister  of  Finances  for  pecuniary  assistance  on  the  part  of  the  Rus- 
sian Government; 

(g)  For  all  transit  conveyance  of  passengers  and  goods,  as  also  for 
the  transmission  of  telegrams  there  will  be  established  by  agreement 
of  the  Company  with  the  Russian  Government  for  the  whole  term  of 
duration  of  the  Concession  (§2),  maximum  tariffs,  which  cannot  be 
raised  without  the  consent  of  the  Russian  Government  during  the 
whole  term  above  referred  to.  Within  these  limits  the  tariffs  of  direct 
communication  both  for  railway  carriage  and  telegrams  will  be  fixed 
by  the  Board  of  Management  of  the  Company  on  the  strength  of  a 
mutual  agreement  with  the  Russian  Minister  of  Finances; 

(A)  The  Russian  letter  and  parcels  post,  as  also  the  officials  accom- 
panying the  same,  shall  be  carried  by  the  Chinese  Eastern  Railway 
free  of  charge. 

For  this  purpose  the  company  shall  set  apart  in  each  ordinary  pas- 
senger train  a  carriage  compartment  of  3  fathoms  in  length.  The 
Russian  postal  authorities  may,  moreover,  if  they  deem  it  necessary, 
place  on  the  line  postal  carriages,  constructed  by  them  at  their  own 
cost;  and  the  repair,  maintenance  (interior  fittings  excepted)  as  well 
as  the  running  of  such  carriages  with  the  trains  shall  be  free  of  charge 
and  at  the  cost  of  the  railway. 

The  above-mentioned  engagements,  by  which,  as  already  stated,  the 
grant  of  a  guarantee  by  the  Russian  Government  is  conditioned  and 
the  consequent  realization  of  the  enterprise  of  the  Chinese  Eastern 
Railway,  shall  be  binding  on  the  railway  until  the  same,  after  the 
expiration  of  the  eighty  years'  term  of  the  Concession,  shall  without 
payment  become  the  property  of  the  Chinese  Government  (§  29).  The 
redemption  of  the  line  from  the  Company  before  the  above-mentioned 
term  in  accordance  with  §  30  of  the  present  Statutes  shall  not  in  any 
way  diminish  the  effect  of  the  above  specified  engagements,  and  these 
latter,  together  with  the  railway,  shall  be  transferred  to  its  new 
proprietor. 


I 


218     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

In  the  same  manner  during  the  course  of  the  whole  eighty  years 
term  of  the  Concession  (§  2)  the  following  privileges  granted  to  the 
railway  by  the  Imperial  Chinese  Government  shall  remain  in  force: — 

(a)  Passengers'  luggage,  as  also  goods,  carried  in  transit  from  one 
Russian  station  shall  not  be  liable  to  any  Chinese  customs  duties,  and 
shall  be  exempt  from  all  internal  Chinese  dues  and  taxes; 

(5)  The  rates  for  the  carriage  of  passengers  and  goods,  for  tele- 
grams, &c.,  shall  be  free  from  all  Chinese  taxes  and  dues; 

(c)  Goods  imported  from  Russia  into  China  by  rail  and  exported 
from  China  to  Russia  in  the  same  manner  shall  pay  respectively  an 
import  or  export  Chinese  duty  to  the  extent  of  one-third  less  as  com- 
pared with  the  duty  imposed  at  Chinese  seaport  custom-houses. 

{(l)  If  goods  imported  by  the  railway  are  destined  for  convey- 
ance inland  they  shall  in  such  case  be  subject  to  payment  of  transit 
duty  to  the  extent  of  one-half  of  the  import  duty  levied  on  them,  and 
they  shall  then  be  exempted  from  any  additional  imposts.  Goods 
which  shall  not  have  paid  transit  duty  shall  be  liable  to  payment  of  all 
established  internal  barrier  and  likin  dues. 

IMMUNITIES  OF  THE  COMPANY   IN   REGARD  TO   RUSSIAN   CUSTOMS  DUES. 

§  4.  In  regard  to  the  place  of  acquisition  of  materials  for  the  require- 
ments of  the  railway,  the  Company  shall  not  be  liable  to  any  limitations. 

If  materials  be  obtained  beyond  the  confines  of  Russia,  they  shall, 
on  importation  through  Russian  territory,  be  freed  from  payment  of 
Russian  customs  duties. 

TECHNICAL  CONDITIONS;    PERIODS    OF    TIME    FOR    THE    COMMENCEMENT 
AND   TERMINATION   OF  THE   WORK. 

§  5.  The  breadth  of  the  railway  track  must  be  the  same  as  that  of 
the  Russian  lines  (5  feet). 

The  Company  must  commence  the  work  not  later  than  the  16th 
August,  1897,  and  conduct  it  in  such  a  manner  that  the  whole  line 
shall  be  completed  not  later  than  six  years  from  the  time  when  the 
direction  of  the  line  shall  be  finally  determined  and  the  necessary 
land  assigned  to  the  Company. 

When  tracing  the  line  of  the  railway,  cemeteries  and  graves,  as 
also  towns  and  villages,  must  as  far  as  possible,  be  left  aside  of  the 
railway. 

When  effecting  the  connection,  in  accordance  with  §  1  of  these  Stat- 
utes, of  the  Chinese  Eastern  Railwaj^  with  the  Russian  Trans-Baikal 
and  South  Ussuri  lines  the  Company  shall  have  the  right,  with  a  view 
of  reduction  of  expenditure,  of  abstaining  from  building  its  own  fron- 
tier stations  and  of  utilizing  the  frontier  stations  of  the  above-named 
Russian  lines.  The  conditions  on  which  they  shall  be  utilized  shall  be 
determined  by  agreement  of  the  Board  of  the  Company  with  the 
Boards  of  the  respective  railways. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      219 

TARIFFS. 

§  6.  The  tariffs  for  the  carriage  of  passengers  and  goods,  as  also  for 
supplementary  carriage  rates,  shall  be  determined  by  the  Company 
itself,  within  the  limits  indicated  in  §  3. 

ORDER  OF  EXAMINATION    OF    LEGAL    SUITS,    AND    THE    ESTABLISHMENT 
OF  RULES   FOR  RAILWAY   CONVEYANCE. 

§7.  Offences,  litigation,  &c.,  on  the  territory  of  the  Chinese  rjast- 
em  Railway  shalt  be  dealt  with  by  local  authorities,  Chinese  and 
Russian,  on  the  basis  of  existing  Treaties. 

In  regard  to  the  carriage  of  passengera  and  goods,  the  responsibility 
for  such  conveyance,  the  lapse  of  time  for  claims,  the  order  of  recov- 
ering money  from  the  railway  when  adjudged,  and  the  relations  of 
the  railway  to  the  public  shall  be  defined  in  rules  drawn  up  by  the 
Company  and  established  before  the  opening  of  the  railway  traflSc; 
these  rules  shall  be  framed  in  accordance  with  those  existing  on 
Russian  railways. 

MAINTENANCE  OF  SECURITY  AND  ORDER  ON  THE  RAILWAY. 

§8.  The  Chinese  Government  has  undertaken  °  to  adopt  measures 
for  securing  the  safety  of  the  railway  and  of  all  employed  on  it 
against  any  extraneous  attacks. 

The  preservation  of  law  and  order  on  the  lands  assigned  to  the  rail- 
way and  its  appurtenances  shall  be  confided  to  police  agents  appointed 
by  the  Company. 

The  Company  shall  for  this  purpose  draw  up  and  establish  police 
regulations. 

FOUNDATION   CAPITAL  OF  THE   COMPANY. 

§  9.  The  whole  amount  of  the  capital  of  the  Company  shall  be  deter- 
mined according  to  the  cost  of  construction  calculated  on  the  basis  of 
estimates  framed  when  the  survey  of  the  line  was  carried  out.  The 
foundation  capital  shall  be  charged  with — 

(a)  The  payment  of  interest  and  amortization  of  the  foundation  cap- 
ital during  the  construction  of  the  railway; 

(h)  The  purchase  from  the  Russian  Government  of  the  results  of 
the  surveys  of  the  direction  of  the  railway  to  Manchuria,  which  were 
made  by  Russian  engineers,  the  sum  payable  for  these  surveys  being 
determined  by  agreement  of  the  Russian  Minister  of  Finances  with 
the  Company. 

The  capital  of  the  Company  shall  be  formed  by  the  issue  of  shares 
and  bonds. 


«See  supra,  p.  213,  par.  5. 


220     TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

SHABE   CAPITAL. 

§  10.  The  share  capital  of  the  Company  shall  be  fixed  at  5,000,000 
nomiDal  credit  roubles,  and  divided  into  1,000  shares  at  6,000  nominal 
credit  roubles. 

The  shares  are  to  be  issued  at  their  nominal  value. 

The  guarantee  of  the  Russian  Government  does  not  extend  to  them. 

BOND  capital;  GUARANTEE  OF  RUSSIAN  GOVERNMENT  ON  BONDS. 

§  11.  The  remaining  portion  of  the  capital  of  the  Company  will  be 
formed  by  the  issue  of  bonds.  The  bonds  will  be  issued  as  required, 
and  each  time  with  the  special  sanction  of  the  Minister  of  Finances. 
The  nominal  amount  and  value  of  each  separate  issue  of  bonds,  the 
time  and  condition  of  the  issue,  as  also  the  form  of  these  bonds,  shall 
be  subject  to  the  sanction  of  the  Minister  of  Finances. 

The  Russian  Government  will  guarantee  the  interest  on  and 
amortization  of  the  bonds. 

For  the  realization  of  these  bonds  the  Company  must  have  recourse 
to  the  Russo-Chinese  Bank,  but  the  Russian  Government  reserves  to 
itself  the  right  of  appropriating  the  bond  loan  at  a  price  which  shall 
be  determined  between  the  Company  and  the  Bank,  and  to  pay  to  the 
Company  the  agreed  amount  in  ready  money. 

GUARANTEE   OF  REALIZED   BOND  CAPITAL. 

§  12.  As  payments  are  received  for  bonds  guaranteed  by  the  Russian 
Government,  the  Company  shall  be  bound  to  keep  such  sums,  or 
interest  bearing  securities  purchased  with  the  same  by  permission  of 
the  Russian  Minister  of  Finances,  under  the  special  supervision  of  the 
Russian  Ministry  of  Finances. 

Out  of  the  above  receipts  the  Company  shall  have  the  right  to  make 
the  following  payments: — 

(a)  According  to  actual  fulfillment  of  the  work  in  progress,  and 
execution  of  orders,  and  at  the  time  when  various  expenditure  shall 
become  necessary,  such  payments  to  be  made  on  the  scale  and  on  the 
conditions  specified  in  the  working  estimates; 

(b)  During  the  construction  of  the  line,  of  interest,  as  it  becomes 
due,  on  the  bonds  issued  by  the  Company,  subject  to  the  conditions  of 
their  issue,  and  the  Company  shall  pay  the  sums  necessary  for  the 
above  purpose  within  the  limits  of  the  amount  realized  by  it  in  the 
issue  of  its  bonds. 

SHARES. 

I 
§13.  On  the  payment  of  the  first  allotment  on  the  shares,  the 
founders  shall  receive  temporary  certificates  on  which  subsequently, 
when  the  Board  of  Management  of  the  Company  shall  have  been 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBBA.   221 

formed,  the  receipt  of  the  further  instalments  on  the  shares  will  be 
inscribed. 

When  the  shares  shall  be  fully  paid  up  the  temporary  certificates 
issued  to  the  founders  shall  be  replaced  by  shares. 

The  shares  of  the  Company  are  issued  to  bearer,  under  the  signature 
of  not  fewer  than  three  members  of  the  Board  of  Management.  To 
the  shares  will  be  attached  a  coupon  sheet  for  the  receipt  once  yearly 
under  them  of  any  dividend  that  may  be  payable. 

On  the  coupon  sheets  becoming  exhausted  new  sheets  will  be  issued. 

A  dividend  on  the  shares  out  of  the  net  profits  of  any  year,  suppos- 
ing such  accrue,  shall  be  payable  on  the  adoption  by  the  general  meet- 
ing of  shareholders  of  the  Annual  Report  for  that  year,  and  the 
dividend  shall  be  payable  at  the  offices  of  the  Company,  or  at  such 
places  which  it  may  indicate. 

The  Company  shall  notify  for  general  information  in  the  "Official 
Gazette"  and  in  the  "Finance  Messenger,"  as  also  in  one  of  the 
Chinese  newspapers,  the  amount  and  place  of  payment  of  the  dividend. 

BESEBVB   CAPITAL. 

§  14.  The  reserve  capital  is  destined — 

(a)  For  the  capital  repair  of  the  railway,  its  buildings  and  appurte- 
nances; 

(b)  For  defraying  extraordinary  expenditure  of  the  Company  in 
repairing  the  railway  and  its  appurtenances. 

The  reserve  capital  of  the  Company  is  formed  out  of  annual  sums 
put  aside  from  the  net  profits  of  the  working  of  the  railway  (§  17). 

The  reserve  capital  must  be  kept  in  Russian  State  interest  bearing 
securities,  or  in  railway  bonds  guaranteed  by  the  Russian  Government. 

At  the  expiration  of  the  term  of  possession  of  the  railway  by  the 
Company  the  reserve  capital  shall  be  first  of  all  employed  in  the  pay- 
ment of  the  debts  of  the  Company,  including  among  them  sums  due 
to  the  Russian  Government,  if  such  exist;  after  the  debts  of  the  Com- 
pany shall  have  been  paid,  the  remainder  of  the  reserve  capital  shall 
be  divided  among  the  shareholders.  In  the  event  of  the  redemption 
of  the  railway  by  the  Chinese  Government  the  reserve  capital  becomes 
the  property  of  the  shareholders. 

NET  REVENUE. 

§  15.  The  net  revenue  of  the  Company  shall  be  the  remainder  of  the 
gross  receipts,  after  deduction  of  working  expenses. 

Under  these  expenses  are  classed: — 

(a)  General  outlays,  including  assignments  towards  pension  and 
relief  funds,  if  such  be  established  on  the  line; 


222     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

{b)  Maintenance  of  the  StafF  of  the  Board  of  Management,  and  of 
all  the  services;  as  also  the  maintenance  of  employes  and  labourers 
not  on  the  permanent  list; 

(c)  Outlays  for  materials  and  articles  used  for  the  railways,  as  also 
expenditure  in  the  shape  of  remuneration  for  the  use  of  buildings, 
rolling-stock,  and  other  various  requisites,  for  the  purposes  of  the 
railway; 

(d)  Outlays  for  the  maintenance,  repair  and  renewal  of  the  perma- 
nent way,  works  of  construction,  buildings,  rolling-stock,  and  other 
appurtenances  of  the  railway; 

(e)  Expenditure  connected  with  the  adoption  of  the  measures  and 
instructions  of  the  Board  of  Management  for  insuring  the  safety  and 
regularity  of  the  railway  service; 

(/)  Expenditure  for  the  improvement  and  development  of  the  rail- 
way, as  also  for  creating  and  developing  its  resources. 

ADDITIONAL  PAYMENTS  BY  THE  RUSSIAN  GOVERNMENT  UNDER  THE 
GUARANTEE,  AND  THE  ORDER  OF  SETTLEMENT  OF  ACCOUNTS  BETWEEN 
THE  COMPANY  AND  THE  RUSSIAN  GOVERNMENT  IN  RESPECT  OF  THESE 
ADDITIONAL  PAYMENTS. 

§  16.  Should  the  gross  receipts  of  the  railway  prove  insufficient  for 
defraying  the  working  expenses  and  for  meeting  the  yearly  payments 
due  on  the  bonds,  the  Company  will  receive  the  deficient  sum  from 
the  Russian  Government  through  the  Russian  Minister  of  Finances. 
The  payments  referred  to  will  be  made  to  the  Company  as  advances, 
at  a  rate  of  interest  of  6  per  cent,  per  annum.  Sums  paid  in  excess 
to  the  Company  in  consequence  of  its  demands  and  on  account  of  the 
guarantee  will  be  deducted  from  succeeding  money  pay^ments. 

On  the  presentation  to  the  general  meeting  of  shareholders  of  the 
annual  report  of  the  working  of  the  railway  for  a  given  year  the  Com- 
pany shall  at  the  same  time  submit  to  the  general  meeting,  for  confir- 
mation, a  detailed  statement  of  the  sums  owing  by  the  Company  to 
the  Russian  Government,  with  the  interest  that  has  accrued  thereon. 
On  the  confirmation  of  this  statement  by  the  general  meeting,  the 
Board  of  Management  shall  deliver  to  the  Russian  Government  an 
acknowledgment  of  the  Company's  debt,  to  the  full  determined  amount 
of  the  same,  and  this  acknowledgment,  until  its  substitution  by 
another,  shall  bear  annually  interest  at  the  rate  of  6  per  cent. 

The  acknowledgment  above  mentioned  given  by  the  Board  of  Man- 
agement to  the  Russian  Government  shall  not  be  subject  to  bill  or 
deed  stamp  tax. 

^-  »  «  *  *  *  « 

Subjects  of  minor  importance  are  dealt  with  in  the  following 
sections: — 

§  17.  Distribution  of  net  profits  of  the  railway. 


TEEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      223 

§  18.  Functions  of  Board  of  Management,  the  seals  of  which  will  be 
at  Peking  and  St.  Petersburg. 

§  19.  Constitution  of  the  Board,  which  is  to  consist  of  nine  members 
elected  by  the  shareholders.  The  Chairman  is  to  be  appointed  by  the 
Chinese  Government;  the  Vice-Chairman  is  to  be  chosen  by  the  mem- 
bers of  the  Board  from  among  themselves. 

§  20.  Order  of  transaction  of  the  business  of  the  Board. 

§  21.  General  meetings  of  shareholders  and  the  subjects  that  shall 
come  under  their  notice. 

§  22.  Order  of  convening  general  meetings. 

§  23.  Conditions  under  which  general  meetings  shall  be  recognized 
as  legally  held. 

§  24.  Participation  of  shareholders  in  proceedings  of  general 
meetings. 

§  25.  Local  management  of  works  of  construction. 

§  26.  Local  management  of  railway  when  in  working  order. 

§  27.  Questions  to  be  submitted  for  confirmation  by  Russian  Minis- 
ter of  Finances. 

§  28.  Committee  of  audit. 

GRATUITOUS     ENTRANCE     INTO     POSSESSION    OF    RAILWAY    BY    CHINESE 

GOVERNMENT. 

§  29.  In  accordance  with  the  Agreement  concluded  with  the  Chinese 
Government,  the  latter,  after  the  expiration  of  eighty  years  of  posses- 
sion of  the  railway  by  the  Company,  enters  into  possession  of  it  and 
its  appurtenances.  ^ 

The  reserve  and  other  funds  belonging  to  the  Company  shall  be 
employed  in  paying  the  money  due  to  the  Russian  Government  under 
the  guarantee  (§  16)  and  in  satisfaction  of  other  debts  of  the  Company, 
and  the  remainder  shall  be  distributed  among  the  shareholders. 

Any  money  that  may  remain  owing  by  the  Company  to  the  Russian 
Government  at  the  expiration  of  eighty  years  in  respect  of  the  guar- 
antee shall  be  written  ofF. 

The  Russo-Chinese  Bank  will  incur  no  responsibility  in  respect  of 
the  same. 

RIGHT  OF    THE    CHINESE    GOVERNMENT    TO  ACQUIRE    THE    RAILWAY  ON 
THE   EXPIRATION   OF  THIRTY-SIX  YEARS. 

§  30.  In  accordance  with  the  agreement  concluded  with  the  Chinese 
Government,  on  the  expii*ation  of  thirty -six  years  from  the  time  of 
completion  of  the  whole  line  and  its  opening  for  trafiic,  the  Chinese 
Government  has  the  right  of  acquiring  the  line,  on  refunding  to  the 

a  See  supra,  p.  214,  par.  12. 


224     TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Company  in  full  all  the  outlays  made  on  it,  and  on  payment  for  every- 
thing done  for  the  requirements  of  the  railway,  such  payments  to  be 
made  with  accrued  interest.* 

It  follows  as  a  matter  of  course  that  the  portion  of  the  share  capital 
which  has  been  amortized  by  drawing  and  the  part  of  the  debt  owing 
to  the  Russian  Government  under  the  guarantee  and  repaid  out  of  the 
net  profits  (§  17)  will  not  constitute  part  of  the  purchase  money. 

In  no  case  can  the  Chinese  Government  enter  into  possession  of  the 
railway  before  it  has  lodged  in  the  Russian  State  Bank  the  necessary 
purchase  money. 

The  purchase  money  lodged  by  the  Chinese  Government  shall  be 
employed  in  paying  the  debt  of  the  Company  under  its  bonds  and  all 
sums,  with  interest,  owing  to  the  Russian  Government,  the  remainder 
of  the  money  being  then  at  the  disposal  of  the  shareholders. 

a  See  supra,  p.  214,  par.  12.2. 


No.  34. 

BELGIUM. 

PEIONG-HANKOW  (LU-HAN)  RAILWAY  OONTRACTS. 

May  27,  1897^uly  21,  1897. 

[Translation.] 

I. 

Loan  for  the  Railway  from  Lu-kou-chiao  to  Han-kow. 

(Provisional)  contract  between  the  Chinese  Railway  Conapany  and 
the  Society  financiere  et  industrielle  beige  en  Chine,  the  following 
has  been  agreed  upon: 

Article  1. 

The  Chinese  Government  has  granted  a  concession  for  the  railway 
line  from  Lu-kou-chiao,  near  the  city  of  Peking,  to  Han-kow,  to  the 
Chinese  Railway  Company  which  has  already  a  capital  of  thirteen 
millions  of  taels. 

The  said  Company  is  authorized  by  the  Imperial  Government  to 
negotiate  a  loan  of  four  million  five  hundred  thousand  pounds  sterling 
to  be  applied  solely  to  the  building  and  working  of  the  line  from 
Lu-kou-chiao  to  Han-kow;  the  provisions  hereafter  set  forth  must  be 
observ^ed  by  the  Chinese  Railway  Company  as  well  as  by  the  Soci^t^ 
financiere  et  industrielle  beige  en  Chine. 

Article  2. 

Said  loan,  of  a  nominal  value  of  four  million  five  hundred  thousand 
pounds  sterling,  with  ten  per  cent  discount,  or  a  real  value  of  four 
million  fifty  thousand  pounds  sterling,  is  agreed  to  by  the  Soci^tfi 
financiSre  et  industrielle  beige  en  Chine.  It  will  be  paid  in  four 
installments  of  one  million  twelve  thousand  five  hundred  pounds  ster- 
ling, representing  the  real  value,  and  at  the  following  dates: 

First  payment:  January  3,  1898, 

Second  payment:  July  3,  1898, 

Third  payment:  January  3,  1899, 

Fourth  payment:  July  3,  1899. 

These  payments  will  be  made  into  a  Belgian  bank  of  Brussels,  chosen 
by  the  Chinese  Railway  Company  which  is  at  liberty  to  transfer  this 
sum  as  it  sees  fit. 

27938—04 15  225 


226     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Article  3. 

The  loan  agreed  to  by  the  Soci^tfi  financiSre  et  industrielle  beige  en 
Chine,  shall  bear  annual  interest  of  four  per  cent.  Said  interest  shall 
be  paid  in  January  and  July  of  each  year. 

Article  4. 

The  Chinese  Railway  Company  agrees  to  reimburse  the  loan  pro- 
vided for  in  the  present  convention,  after  the  first  ten  years,  in  twenty 
annuities  of  two  hundred  and  twenty -five  thousand  pounds  sterling, 
payable  yearly  after  January  3,  1909. 

The  payment  of  interest  and  annuities  will  be  made  in  China,  into  a 
bank  designa,ted  by  the  Soci^t^  financiSre  et  industrielle  beige  en  Chine, 
and  in  conformity  with  the  table  of  amortization  annexed  to  the 
present  convention. 

Article  6. 

With  the  authorization  of  the  Imperial  Chinese  Government,  the 
payment  of  interest  and  the  refunding  of  the  loan  will  be  guaranteed 
by  the  railway  line  from  Lu-kou-chiao  to  Han-kow  as  also  by  all  the 
property  and  material  connected  therewith. 

It  is  understood  that  the  guarantees  given  for  the  loan  provided  for 
in  the  present  convention,  are  reserved  for  the  subscribers  to  the 
present  loan  and  that  the  guarantees  given  for  subsequent  loans  can 
nowise  prejudice  that  now  granted  the  Soci^t^  financifere  et  indus- 
trielle beige  en  Chine. 

Article  6. 

Except  in  case  of  force  major,  the  work  of  building  must  be  fin- 
ished and  the  railway  from  Lu-kou-chiao  to  Han-kow  put  in  opera- 
tion before  the  expiration  of  five  years,  that  is  to  say  of  1903. 

Article  7. 

The  contracting  parties  may  not  invoke  a  state  of  war  existing  in 
any  part  of  the  world  not  to  keep  their  engagements.  If  said  state  of 
war  should  exist  in  China,  the  Belgian  staff  shi.ll  remain  in  the  employ 
of  the  Chinese  Railway  Company,  unless  its  assistance  is  asked  for  by 
the  Imperial  Chinese  Government. 

Article  8. 

The  Soci6t6  financifere  et  industrielle  beige  en  Chine,  shall  choose  an 
experienced,  reliable  and  honest  engineer  to  represent  it  and  who 
shall  be  charged  with  controlling  the  technical  work;  he  shall,  further- 
more, be  charged  with  drawing  up  plans  and  carrying  them  out  under 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      227 

the  exclusive  authority  of  the  General  Director  of  the  Chinese  Rail 
way  Companj'-,  under  whose  direct  orders  he  shall  be.  This  Control- 
ling Engineer  will  be  under  the  absolute  direction  of  the  General 
Director  of  the  Chinese  Railway  Company.  The  Chinese  Railway 
Company  reserves  all  rights  of  management  of  the  railway.  It  will  be 
responsible  until  the  expiring  of  the  present  contract  for  the  salary 
of  this  Controlling  Engineer  as  fixed  upon  in  agreement  with  the 
Soci^t^.  financiere  et  industrielle  beige  en  Chine. 

Article  9. 

The  foreign  staflf  needed  by  the  Chinese  Railway  Company  for 
building  and  operating  the  line,  during  the  life  of  the  present  con- 
tract, shall  be  chosen  and  presented  by  the  technical  Controlling 
Engineer  representing  the  Society  financiere  et  industrielle  beige  en 
Chine;  it  will  be  appointed  by  decision  of  the  Director  General  of  the 
Chinese  Railway  Company.  The  Chinese  Railway  Company  is  at  lib- 
erty to  settle  for  itself  as  regard  its  foreign  staff,  the  form  of  engage- 
ment to  be  used,  adopting  long  or  short  term  contracts. 

All  the  staflf  employed  by  the  Chinese  Railway  Company  and 
attached  to  the  working  of  the  line,  with  the  exception  of  the  Con- 
trolling Engineer,  will  be  required  to  obey  the  Chinese  delegates  of 
the  Director  General  of  the  Company  and  work  harmoniously  with  all 
the  Chinese  and  foreign  staflf  of  other  nationalities,  chosen  and 
appointed  by  the  Director  General  to  any  position,  and  this  in  the 
interest  of  the  Railway  Company. 

If  disputes  arise  between  European  and  Chinese  Agents,  they  shall 
be  impartially  settled  by  the  Director  General,  aided  by  the  represen- 
tative of  the  Belgian  Company. 

The  Director  General  of  Chinese  Railways  shall  always  be  at  liberty 
to  designate  foreigners  of  whatever  nationality  to  inspect  the  works 
under  way;  the  Belgian  Company  shall  never  have  the  right  to  pre- 
vent it. 

Nevertheless,  the  duty  of  the  persons  so  designated  shall  only 
consist  in  inspecting  works  and  thej'^  shall  never  have  the  right  to  give 
orders  to  the  staff  employed  in  building  and  working  the  line.  Such 
persons  may  likewise  make  reports  to  the  Director  General  of  Chinese 
Railways  on  the  results  of  their  inspections. 

The  staff  employed  in  building  and  operating  shall  furnish  all  neces- 
sary facilities  to  foreigners  entrusted  with  an  inspection,  and  that  in 
the  interest  of  the  Chinese  Railway  Company. 

Article  10. 

In  case  one  of  the  foreign  employes  referred  to  in  articles  8  and  9, 
irrespective  of  duties,  should  through  carelessness,  incapacity,  diso- 
bedience of  the  orders  of  the   Director   General,    insubordination, 


228     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

drunkenness,  or  bad  conduct,  be  held  to  be  unfit  for  the  service,  the 
Director  General  shall  have  the  right  to  cancel  the  contract  and  the 
dismissed  agent  shall  leave  at  once  the  service  of  the  Chinese  Railway 
Company. 

Article  11. 

The  materials  necessary  for  the  Chinese  Railway  Company,  exclusive 
of  all  that  can  be  manufactured  in  China  or  of  that  that  can  be  manu- 
factured there  later  on,  shall  be  bought  abroad. 

The  Director  General  shall  decide,  in  consultation  with  the  Con- 
trolling Engineer,  the  amount  of  materials  to  ask  bids  on;  said 
quantity,  however,  shall  never  exceed  fifty  per  cent  of  that  required. 

The  award  shall  be  made  without  any  special  favor  for  the  Soci^t^ 
financiSre  et  industrielle  beige  en  Chine.  If  this  Company  agrees  to 
furnish  at  perfect  equality  of  conditions  as  to  quality,  price  and  car- 
riage with  those  secured  by  the  Chinese  Railway  Company,  the  Belgian 
Company  shall  have  the  furnishing  of  said  materials;  but  if  said  Com- 
pany is  unable  to  supply  under  the  above-mentioned  conditions,  the 
Chinese  Railway  Company  will  make  its  purchase  where  it  likes;  the 
Belgian  Company  shall  in  no  way  prevent  it  so  doing. 

As  to  the  materials  which  cannot  be  divided  in  accordance  with  para- 
graph 2  of  the  present  article  (50  p.  c.  maximum  asked  for),  if  the 
Belgian  Company  agrees  to  furnish  at  perfect  equality  of  conditions 
as  to  quality,  price  and  carriage  with  those  secured  by  the  Chinese 
Railway  Company,  the  furnishing  shall  be  granted  the  Belgian  Com- 
pany; in  the  contrary  case,  the  Chinese  Railway  Company  will  buy 
where  it  chooses;  the  Belgian  Company  shall  in  no  way  prevent  it  so 
doing. 

The  Chinese  Railway  Company  reserves  to  itself  the  right  to  use  all 
means  it  may  deem  good  to  inform  itself  as  to  the  best  prices  for 
supplying  all  its  materials,  without  the  Belgian  Company  interfering 
in  any  way  with  its  inquiries. 

Article  12. 

As  a  premium,  the  Chinese  Railway  Company  will  pay  the  Belgian 
Company  a  sum  of  five  per  cent,  on  the  net  value,  less  the  cost  of 
transportation,  insurance,  etc.,  on  all  materials  bought  abroad.  The 
materials  for  the  branch  from  Lu-kou-chiao  to  Paoting  is  not  subject 
to  the  premium  provided  for  in  the  present  article  because  nearly  the 
whole  amount  of  said  materials  has  already  been  bought. 

Article  13. 

The  taking  over  of  material  bought  in  Belgium  will  be  in  the 
factories  making  it  and  by  a  commission  consisting  of  a  delegate  of 
the  Chinese  Railway   Company  and  of  a  delegate  of  the  Soci^t^ 


\ 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      229 

financifere  et  industrielle  beige  en  Chine;  in  case  of  disagreement,  these 
two  delegates  shall  choose  an  umpire  to  decide  the  question.  The 
expenses  of  the  delegates  shall  be  borne  by  the  Company  designating 
them.     The  expenses  of  the  umpire  shall  be  borne  by  the  losing  party. 

Article  14. 

The  Soci^tfi  financiere  et  industrielle  beige  en  Chine  and  its  chosen 
agent,  shall  deal  with  no  other  persons  or  accept  any  other  authority 
than  the  Chinese  Railway  Company.  '  The  latter,  on  its  side,  shall  only 
recognize  the  Soci^tfi  financiere  et  industrielle  beige  en  Chine,  estab- 
lished at  Brussels,  in  1897,  to  the  exclusion  of  every  other  company. 

During  the  life  of  the  present  contract,  the  Belgian  Company  shall 
in  no  wise  be  managed  by  manufacturers  or  subjects  of  other  countries, 
and  the  Belgian  Company  shall  not  be  at  liberty  to  transfer  this  con- 
tract to  any  other  country,  nor  to  the  subjects  of  another  country. 

Article  16. 

If  the  provisions  set  forth  in  the  present  convention  are  regularly 
adhered  to  by  the  Chinese  Railway  Company,  the  Soci^t^  financiere 
et  industrielle  beige  en  Chine  agrees,  in  case  of  necessitj' ,  to  study 
means,  in  conjunction  with  the  said  Company,  to  secure  to  it  special 
facilities  for  extending  the  terms  of  paying  off  the  annuities  and 
interest. 

In  case  extensions  ate  granted,  the  amounts  which  should  have  been 
refunded  shall  bear  the  same  interest  as  that  provided  for  the  loan  in 
the  present  convention. 

If  the  Chinese  Railway  Company  wishes  to  refund  the  whole  loan 
before  the  date  on  which  it  falls  due,  it  will  be  at  liberty  to  do  so  and 
the  interest  will  cease  from  the  day  of  such  refunding,  and  the  con- 
tract shall  be  declared  void  from  that  day. 

Article  16. 

All  the  above  provisions  are  agreed  upon  in  the  provisional  contract 
made  this  day;  this  provisional  convention  is  signed  by  the  Director 
General  of  the  Chinese  Railway  Company  on  the  one  part,  and  stamped 
with  his  seal,  and,  on  the  other  part,  by  the  two  representatives  of 
the  Soci^t^  financiere  et  industrielle  beige  en  Chine,  and  visaed  for 
authentication  by  the  Consul  of  Belgium  at  Han-kow. 

Within  two  months  from  the  date  of  signing  of  the  provisional  con- 
tract, the  Chinese  Railway  Company  and  the  Societe  financiere  et 
industrielle  beige  en  Chine,  will  sign  again  so  as  to  confirm  the  provi- 
sional contract  which  shall  then  become  final. 

These  formalities  complied  with,  the  contract  shall  receive  the  seals 
of  Their  Excellencies  the  Viceroys  of  Pechihli  and  of  Hu-Kwang,  and 
also  that  of  H.  Ex.  the  Minister  of  Belgium,  at  Peking. 


230      TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA, 

Article  17. 

The  present  contract  has  been  drawn  up  in  the  French  and  Chinese 
languages;  when  necessity  arises  for  consulting  the  contract,  the  two 
texts,  absolutely  identical,  shall  both  be  authoritative. 

Done  at  Wuchang,  the  27  of  the  month  of  May,  1897. 

The  Chinese  Railway  Company  being  represented  by  H.  Ex,  Sheng- 
Hsuan-Huai^  its  Director  General, 

The  Societe  finandhre  et  imdustridle  helge  en  Chine  being  representeL 
hy  MM.  Masy  and  Rizzardi, 

II. 

Additional  Protocol  to  the  contract  relating  to  the  loan  for 
four  million  five  hundred  thousand  pounds  sterling  for 

THE  RAILWAY  FROM   HaN-KOW  TO   Lu-KOU-CHIAO. 

A  provisional  contract  was  made,  at  Wuchang,  the  twenty -seventh 
day  of  the  month  of  May  one  thousand  eight  hundred  and  ninety  seven 
(twenty-sixth  day,  fourth  month,  twenty-third  year  of  the  present 
reign)  relating  to  the  loan  for  the  railway  from  Lu-kou-chiao  to  Han- 
kow. 

Between 
The  General  Company  of  Chinese  Railways,  established  by  Imperial 
decree  of  the  twentieth  October  one  thousand  eight  hundred  and 
ninety  six  (fourteenth  day,  ninth  month,  twenty-second  year  of  the 
present  reign),  and  to  which  was  granted,  by  the  same  decree,  the 
concession  for  the  said  line, 
of  the  first  part, 
And  the  Belgian  Company,  established  by  authentic  act  dated  the  third 
March  one  thousand  eight  hundred  and  ninety  seven,  published  in 
the  Moniteur  Edge  (official  newspaper)  of  the  twenty- second,  twenty- 
third  March  one  thousand  eight  hundred  and  ninety-seven, 

of  the  second  part. 
This  contract  was  authorized  by  Imperial  decree  of  the  twenty-fifth 
May  one  thousand  eight  hundred  and  ninety-seven,  (twenty-fourth 
day,  fourth  month,  twenty-third  year  of  the  present  reign).  The 
decree  of  that  date  will  be  communicated  to  H.  E.  the  Minister  of 
Belgium  at  Peking  through  the  Tsung-li  Yamgn. 

The  Chinese  Railway  Company,  represented  by  H.  E.  Sheng,  its 
Director  General,  duly  authorized  for  that  purpose  by  the  above  men- 
tioned decree  and  the  Belgian  Company,  represented  by  M.  Alexis 
Dufourny,  Chief  Engineer,  Director  of  the  Fonts  et  Chauss6es  at 
Brussels,  and  by  M.  Edouard  Walin,  First  class  Engineer  of  the  Fonts 
et  Chauss^es,  Director  of  the  intercommunal  waterworks  Company 
at  Brussels,  duly  authorized,  on  their  side,  by  the  Belgian  Company, 
authority  confirmed  by  a  telegram  of  H.  E.  the  Belgian  Minister  at 


TBEATIES  AND  OONVENTIONB  MTITH  CHINA  AND  KOREA.      231 

Peking,  sign  anew,  in  the  name  of  the  interested  parties,  the  pro- 
visional contract  according  to  the  terms  of  article  sixteen  of  the  latter, 
so  as  to  confirm  it  and  make  it  final,  and  agree  furthermore  on  the 
following: 

Article  One. 

The  above  mentioned  Belgian  Company  will  make  a  complete  study 
of  the  line  from  Han-kow  to  Lu-kou-chiao  for  the  Chinese  Ba-ilway 
Company;  it  undertakes  to  make  the  surveys,  levelling,  longitudinal 
and  sectional  cuts,  to  make  all  plans,  drafts  of  masonry  works,  bridges, 
buildings,  shops,  stations  and  outhouses  of  whatever  nature,  as  also 
the  measurements  and  specifications,  all  charges  for  which  are  included 
in  the  forty-hundredths  per  cent,  of  additional  interest  mentioned 
hereafter  in  Article  III. 

A  similar  study  will  be  made  for  the  rolling  and  fixed  stock.  But 
in  conformity  with  article  eight  of  the  contract,  the  drafts  and  plans 
shall  be  successively  submitted  to  the  approval  of  the  General  Director. 
It  is  well  understood  that  all  these  works  are  to  be  carefully  done, 
without  any  omission ;  they  are  not  to  occasion  any  additional  expenses. 

Field  work  for  the  carrying  out  of  the  works  must  be  finished 
within  a  year  from  the  date  of  the  conclusion  of  the  last  formalities 
of  approval  of  the  contract.  They  must  be  carried  out  with  the  neces- 
sary activity  to  permit  of  the  embankment  work  being  begun  within 
six  months  of  the  above  mentioned  date. 

Article  II. 

The  Belgian  Company  surrenders  its  right  to  a  premium  on  materials, 
conferred  on  it  by  article  twelve  of  the  contract,  and  therefore  said 
article  is  considered  as  void. 

Article  III. 

On  the  other  hand,  as  compensation  for  the  concessions  mentioned 
above  in  Articles  I  and  II,  and  to  guarantee  its  expenses  of  organiza- 
tion, mission  abroad  and  issuing  (the  loan),  inclusive  of  all  disburse- 
ments whatsoever  relating  thereto,  and  finally  its  general  expenses 
during  the  whole  time  of  the  loan,  the  Belgian  Company  shall  receive 
an  increase  of  forty-hundredths  per  cent  (four  per  thousand)  on  the 
rate  of  interest  provided  for  in  article  three  of  the  contract.  This 
additional  interest  of  four  per  thousand  will  be  paid  in  the  same 
manner  as  the  yearly  interest  of  four  per  cent;  consequently  the  rate 
of  interest  of  four  per  cent,  together  with  all  the  general  expenses,  is 
raised,  in  effect,  to  four  and  forty  per  cent  (4.40  p.  c).  No  charge 
whatsoever  in  excess  of  this  rate  of  interest  shall  be  asked  for. 


232     TREATIES  AND  OONVENTIOlSrS  WITH  CHINA  AND  KOREA. 

Article  IV. 

The  payments  provided  for  in  article  two  of  the  contract  shall  be 
made  into  the  Belgian  Bank  at  Brussels,  designated  by  the  name  of 
"Soci^t^  G^n^rale  pour  favoriser  I'lndustrie  Nationale",  and  the 
Chinese  Railway  Company  will  transfer  (thereto)  the  sums  paid  into  the 
Commercial  Bank  of  Chink  at  Shanghai,  organized  by  imperial  decree 
under  date  of  the  twelfth  November  one  thousand  eight  hundred  and 
ninety-six  (eighth  day,  tenth  month,  twenty-second  year  of  the  present 
reign).  The  payments  of  interest  and  annuities  will  be  made  in  pounds 
sterling  into  the  above  mentioned  Commercial  Bank. 

Article  V. 

It  is  understood  that  the  guarantee  of  the  railway  line,  referred  to 
in  article  five  of  the  contract,  has  absolutely  priority  of  rank. 

Article  VI. 

The  present  protocol  shall  be  stamped  with  the  seal  of  Their  Excel- 
lencies the  Viceroys  of  Pechihli  and  of  Hu-Kwang,  and  also  with  that 
of  H.  E.  the  Minister  of  Belgium  at  Peking. 

The  present  protocol  has  been  made  out  in  four  copies  in  the  French 
and  Chinese  languages;  both  versions  are  equally  authoritative. 

Done  at  Shanghai,  the  twenty-first  of  July  one  thousand  eight  hun- 
dred and  ninety-seven. 
For  the  Chinese  Railway  Company, 

The  Director  General^ 

Sheng. 
For  the  Belgian  Company, 

The  ilrst  class  Engineer  of  Fonts  et  Chaussees^ 
Director  of  the  Lvtercommunal  Waterworks  Company^ 

Walin. 
The  Chief  Engineer^  Director  of  Fonts  et  Chausseti^^ 

DUFOURNY, 

III. 
Loan  Contract. 

Between  the  undersigned: 

1**.  Their  Excellencies  the  Vicerovs  of  Chihli  and  of  Hupeh,  acting 
in  virtue  of  full  powers  from  the  Imperial  Chinese  Government,  duly 
authorized  by  decree  of  H.  M.  the  Emperor  of  China,  under  date  the 
20  October  1896,  of  which  communication  has  been  officially  made  to 
the  Representatives  of  Belgium  at  Peking,  by  despatch  of  the  Tsung- 
li  YamSn,  under  date  of 

2**.  The  Imperial  Government  of  China,  represented  by  H.  E.  Sheng 
Hsiian-huai;  Dir^^ctor  General  of  the  Chinese  Railway  Company; 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      233 

8^  The  Chinese  Railway  Company^  represented  by  H.  E.  Sheng- 
Hsuan-huai,  its  Director  General, 

And  the  Sodete  d^  Etude  de  Chemvns  defer  en  Chine^  represented  by 
M.  Eug&ne  Hubert,  engineer, 

Has  been  agreed  the  following: 

First  Article. 

The  Imperial  Chinese  Government  has,  in  compliance  with  a  decree 
dated  the  20  October  1896,  of  which  copy  is  annexed  to  the  present  con- 
tract, granted  the  concession  of  the  line  from  Lu-kou-chiao  (Peking) 
to  Hankow  (about  1,800  kilometers)  to  the  Chinese  Bailway  Company, 
which  has  assets  amounting  to  thirteen  million  taels. 

An  edict  of  H.  M.  the  Emperor  of  China  has  authorized  Their 
Excellencies  the  Viceroys  of  Chihli  and  of  Hupeh  and  H.  E.  Sheng 
Hsuan-huai,  Director  General  of  Chinese  Railways,  to  contract,  in 
the  name  and  on  account  of  the  Imperial  Chinese  Government,  a  loan 
the  product  of  which  is  destined  exclusively  to  the  building  of  the 
above  mentioned  line. 

This  edict,  bearing  date  the  20  October  1896  and  of  which  a  copy  is 
annexed  to  the  present  contract,  is  worded  as  follows: 

'^  Edict  of  His  Majesty  the  Emperor  of  China: 

''In  response  to  a  request  of  Their  Excellencies  the  Viceroys  of 
"Chihli  and  of  Hukwang,  presented  to  His  Majesty  the  Emperor  of 
"China,  an  Imperial  edict,  bearing  date  of  this  day,  authorizes  the 
"organizing  of  a  Railway  Company  and  grants  it  the  concession  of 
"the  line  from  Lu-kou-chiao  (Peking)  to  Hankow.  His  Majesty  the 
"Emperor  authorizes  the  Railway  Company  to  contract  abroad  a  loan 
"the  product  of  which  shall  be  devoted  in  full  to  the  building  of  said 
"line. 

"H.  E.  Sheng  Hsuan-huai,  under-secretary  of  State,  is  appointed 
"Director  General  of  this  new  Company. 

"  Peking,  the  20th  October  1896." 

In  compliance  with  the  terms  of  this  edict,  the  Imperial  Chinese 
Government,  represented  by  Their  Excellencies  the  Viceroys  of  Chihli 
and  of  Hupeh  and  the  Director  General  of  Chinese  Railways,  has 
decided  to  contract  a  State  5  p.  c.  foreign  gold  loan,  of  a  nominal 
value  of  112.600.000  francs  (or  4.500.000  pounds  sterling). 

This  loan  shall  be  known  as  the  CKin&^e  5  p.  c.  1898  Loan. 

Article  2. 

This  loan  will  be  represented  by  225.000  bonds  of  500  francs  gold. 

These  bonds,  the  text  of  which  is  annexed  to  the  present  Contract, 
shall  be  signed  in  the  name  of  the  Imperial  Chinese  Government  by 
the  Vicerovs  of  Chihli  and  of  Hupeh  and  by  the  Director-General 
of  the  Chinese  Railway  Company. 


234  TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

They  shall  be  issued  in  blocks  of  1  to  5  bonds,  in  the  proportion  to 
be  indicated  by  the  Soci^t^  d'Etude  de  Chemins  de  fer  en  Chine  and 
are  to  be  manufactured  at  its  expense. 

They  shall  bear  5  p.  c.  interest  annually  on  the  par  value  payable  in 
gold. 

Interest  shall  accrue  from  the  date  of  the  payments  and  shall  be 
payable  the  1st  September  and  the  1st  March  of  each  year. 

The  first  coupon  is  payable  in  gold  at francs. 

Article  3. 

The  loan  shall  be  extinguished  in  twenty  years,  from  the  year  1909, 
by  yearly  drawings  by  lot  {tirages  an  sort),  which  will  take  place  at 
Brussels,  in  the  offices  of  the  Soci6t€  G^n^rale  pour  f  avoriser  Plndustrie 
Nationale,  in  conformity  with  the  table  annexed  to  the  present. 

The  drawings  shall  take  place  the  second  Tuesday  of  January  each 
year:  the  first  drawing  shall  take  place  on  that  date  in  1909. 

The  numbers  of  the  bonds  drawn  shall  be  published  in  four  news- 
papers at  the  expense  of  the  Soci^tfi  d'fitude  des  Chemins  de  fer  en 
Chine. 

Article.  4. 

The  bonds  drawn  shall  be  refunded  in  gold  at  their  par  value  on  the 
date  on  which  falls  due  the  next  coupon. 

The  bonds  presented  for  reimbursement  must  have  attached  to  them 
all  the  coupons  remaining  unpaid,  and  the  amount  of  missing  coupons 
will  be  deducted  from  the  capital  to  be  refunded. 

Interest  on  bonds  ceases  to  accrue  from  the  date  set  for  reimburse- 
ment* 

Article  5. 

The  Imperial  Chinese  Government  denies  itself  the  right  before  the 
1st  September  1907  to  increase  the  amortization,  to  pay  off  the  whole 
loan  or  to  make  a  conversion  of  it.  After  that  date  it  shall  be  at 
liberty  to  pay  off  the  loan  at  any  time  before  the  terms  of  payment, 
and  once  the  refunding  made,  the  contract  shall  be  declared  annulled. 

Article  6. 

The  coupons  and  the  bonds  {titres)  redeemed  {amortig)  shall  be  pay- 
able in  francs,  in  Europe  in  the  office  or  offices  designated  by  the 
Soci^t^  d'fitude  and  entrusted  by  it  with  the  management  of  the  loan. 

Article  7. 

Payment  of  interest  and  refunding  of  bonds  of  the  present  loan  are 
guaranteed  by  the  gross  revenues  of  the  Imperial  Chinese  Government. 

Furthermore,  in  virtue  of  an  authorization  already  granted  by  the 
Chinese  Government  and  in  agreement  with  it,  the  Chinese  Railway 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBKA.      235 

Company  declares  that  it  specially  assigns,  preferentially  for  the  pay- 
ment of  interest  and  capital  of  the  present  loan,  and  consequently 
cedes  and  delegates  in  favor  of  said  bonds  all  the  net  revenue  of  the 
line  from  Lu-kou-chiao  (Peking)  to  Hankow, — after  the  regular  pay- 
ment of  all  expenses  of  administration  and  operation,  the  whole,  as 
is  furthermore  set  forth  in  a  treaty  for  operating  (the  line)  concluded, 
between  the  Chinese  Railway  Company  and  the  Soci^t6  d'fitude  de 
Chemins  de  f er  en  Chine,  treaty  hereto  annexed  and  forming  an  integral 
part  of  this  contract. 

This  assignment  {affectation)  is  made  exclusively  and  irrevocably 
until  complete  refunding  of  the  bonds  of  the  present  loan. 

Article  8. 

The  Chinese  Railway  Company  directs  the  Soci^t6  d'Etude  to  deposit 
the  funds  from  the  net  revenue  of  the  traffic  with  the  Soci^t^  G^n^rale 
pour  favoriser  I'lndustrie  Nationale,  established  at  Brussels,  or  with 
the  company  designated  by  it. 

This  latter  shall  convert  into  gold,  and  to  the  best  interest  of  the 
Imperial  Chinese  Government  and  the  Chinese  Railway  Company,  and 
up  to  the  full  amount  of  the  sum  necessary  to  insure  the  service  of 
the  loan  at  the  following  semi-annual  payment,  the  deposits  made  with 
it  by  the  Soci^t^  d'Etude  empowered  by  the  Chinese  Railway  Company 
to  make  them. 

m 

These  deposits  by  the  Soci^t^  d'Etude  with  the  Soci^t^  G^n^rale 
Beige  or  the  company  designated  by  it  shall  continue  to  be  made 
until  the  sum  necessary  for  the  full  service  of  the  loan  at  the  date  of 
the  next  semi-annual  payment  has  been  completed  in  gold,  and  in  such 
manner  that  said  service  is  insured  three  months  at  least  before  said 
semi-annual  payment  falls  due.  The  depositories  shall  utilize  these 
sums  in  the  manner  the  most  advantageous  for  the  Chinese  Company. 

The  account  on  which  these  sums  are  borne  shall  be  charged  twenty 
days  before  date  of  semi-annual  payment  with  the  sum  necessary  for 
the  service  of  the  loan,  interest,  amortization,  expenses  and  conmiis- 
sions. 

Article  9. 

The  bank  having  received  in  deposit  the  funds  shall  have  the  right 
to  take,  without  new  authorization,  from  such  funds  on  deposit,  the 
amount  of  the  coupons  to  be  paid  during  the  period  of  construction. 

Article  10. 

So  as  to  insure  the  guarantee  just  mentioned  for  the  bonds  of  the 
present  contract,  the  Chinese  Railway  Company  recognizes  for  these 
bonds  a  prior  special  lien  on  the  railway  from  Lu-kou-chiao  (Peking) 
to  Hankow:  line,  stationary  and  rolling  stock  and  receipts. 


236     TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

This  special  assignment  is  accepted  in  the  name  of « the  bondholders 
by  the  Soci^t6  d'Etude.  In  case  of  non-execution  of  the  obligations 
assumed  by  the  Chinese  Railway  Company  in  the  present  contract,  the 
Society  d'Etude  or  the  Belgian  Company  designated  by  it,  shall  have 
full  power  to  enjoy  as  to  said  property  all  the  rights  and  powers  result- 
ing from  said  special  assignment. 

Article  11. 

The  preceeding  provisions  do  not  relieve  the  Imperial  Chinese  Gov- 
ernment from  personal  responsibility  relative  to  the  present  loan,  as 
this  responsibility  is  specified  in  article  7. 

Consequently,  the  Imperial  Chinese  Government  agrees  to  make  up 
the  necessary  amount  for  the  service,  in  gold,  of  the  loan,  in  case  the 
sums  accruing  from  the  net  proceeds  of  the  line  from  Lu-kou-chiao 
(Peking)  to  Hankow,  and  paid  by  the  Soci^t^  d'Etude,  entrusted  with 
this  service  by  the  Chinese  Railway  Company,  to  the  Soci^t^  G^n^rale 
Beige,  or  to  the  Company  which  it  may  designate,  should  not  have 
reached,  after  their  conversion  in  gold,  and  at  least  three  months 
before  the  following  semi-annual  payment,  the  amount  sufficient  to 
cover  said  service. 

In  this  case,  and  upon  the  request  maae  xt,  the  imperial  Chinese 
Government  must  hold  at  the  disposal  of  the  Soci6t6  G^n^rale  Beige 
or  of  the  Company  designated  by  it  60  days^  before  the  next  semi- 
annual payment,  gold  or  securities  deemed  sufficient  to  realize  the 
amount  in  gold,  which  the  Company  shall  have  notified  the  Govern- 
ment is  necessary  to  complete  the  payment. 

Akticlb  12. 

Out  of  the  sums  coming  from  the  payments  made  by  the  Soci^t^ 
d'Etude  or  the  payments  made  by  the  Imperial  Chinese  Government, 
the  Soci^t6  G^n^rale  Beige  or  the  Company  designated  by  it,  shall  in 
due  time  place  at  the  disposal  of  the  Firms  entrusted  with  the  service 
of  the  loan,  the  necessary  amounts,  according  to  the  needs  as  ascer- 
tained during  the  preceeding  half-year. 

Article  13. 

The  Imperial  Chinese  Government  will  pay  to  the  Firms  entrusted 
with  the  service  of  the  loan,  a  commission  of  i  per  cent  on  the  amount 
of  paid  coupons  and  a  commission  of  i  per  cent  on  the  amount  of  the 
bonds  drawn  or  redeemed  by  anticipated  reimbursement.  The  amount 
of  this  allowance  shall  be  deducted  every  six  months  from  the  surplus 
of  the  available  exploitation  receipts,  and,  in  case  of  insufficiency,  it 
shall  be  immediatel}^  paid  by  the  Imperial  Chinese  Government. 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      237 

Article  14.  ^ 

The  Imperial  Chinese  Government  binds  itself  by  the  present  con- 
ventions to  observe  and  cause  to  be  observed  the  privilege  stipulated 
in  favor  of  the  bonds  in  article  9,  and  to  maintain,  free  and  exempt 
from  all  tax  whatsoever,  the  bonds  and  coupons,  as  well  as  all  trans- 
actions of  whatsoever  nature  connected  with  the  service  of  the  loan. 

Article  16. 

Coupons  which  shall  not  have  been  presented  for  cashing  within 
five  years  following  their  falling  due,  shall  revert  to  the  Imperial 
Chinese  Government;  thirty  years  shall  be  the  limit  for  redeemed 
bonds. 

On  the  death  of  any  bondholder  of  the  present  loan,  the  bonds  shall 
be  transferred  and  shall  belong  to  his  heirs,  according  to  the  inheri- 
tance laws  in  force  in  the  country  of  which  the  deceased  bondholder 
was  citizen. 

Payments  of  coupons  and  the  redemption  of  bonds  shall  be  made 
in  time  of  war,  as  in  time  of  peace,  to  the  bearers  whether  they  be 
subjects  of  friendly  or  hostile  States. 

In  case  of  loss,  of  theft  or  destruction  of  bonds  of  the  present  loan, 
the  Chinese  Government  shall  replace  them,  after  having  been  fur- 
nished satisfactory  proof  of  their  loss  or  of  the  destruction  of  the  title 
deeds  and  of  the  rights  of  the  claimants. 

Article  16. 

The  Imperial  Chinese  Government  through  its  representatives  in 
Europe  shall  immediately  take  the  necessary  steps  and  furnish  the 
necessary  documents  for  the  official  listing  of  the  present  loan  in  the 
Bourses  of  Brussels  and  Paris. 

Article  17. 

Out  of  the  total  amount  of  the  present  loan,  representing  as  nominal 
capital  a  sum  of  112,500,000  francs,  the  Soci^t6  d'Etude  de  Chemins 
de  fer  en  Chine  purchases  outright  {achate  ferme)  39,000,000  francs  of 
nominal  capital,  or  78,000  bonds  of  600  francs,  at  90  % ,  for  the  total 
sum  of  35  million  100,000  francs,  delivery  to  date  from  the  payment 
to  the  banks  designated  in  the  following  article. 

Article  18. 

The  Soci^t^  d'Etude  de  Chemins  de  fer  en  Chine  shall  deposit  the 
amount  of  this  purchase,  as  follows:  8,600,000  francs  in  the  Russo- 
Chinese  Bank  at  Shanghai,  and  the  remainder  in  a  bank  designated  by 
common  accord  by  the  Director  General  of  the  Chinese  Railway  Com- 
pany and  the  Soci^te  d'Etude  and  against  receipt  by  the  Russo-Chinese 


238     TREATIES  AND  OOmTENTIONS  WITH  CHINA  AND  KOBE  A. 

Bank  in  Paris  of  definitive, bonds  for  78,000  bonds  bought  outright 
{achates  ferme)  and  deposit  in  the  same  bank  of  the  definitive  bonds  for 
147,000  bonds  forming  the  surplus  of  the  loan. 

The  Russo-Chinese  Bank  and  the  Bank  designated  by  common  accord 
b}^  the  Chinese  Railway  Company  and  the  Soci^t6  d'Etude  shall  credit 
the  Chinese  Railway  Company  with  the  sums  deposited  with  them,  it 
being  understood  that  these  depository  establishments  shall  not  be 
obliged  to  deliver  these  sums,  except  under  the  conditions  and  under 
the  reservations  indicated  in  undermentioned  article  20. 

The  depository  banks  shall  use  these  sums  to  the  best  advantage  of 
the  Chinese  Railway  Company. 

Article  19. 

The  Chinese  Railway  Company  declares  that  it  has  resources  amount- 
ing to  thirteen  million  taels. 

The  construction  of  the  railroad  from  Lu-kou-chiao  (Peking)  to 
Hankow  being  limited  provisionally  to  the  section  from  Lu-kou- 
chiao  (Peking)  to  Paoting  (146  kilometers)  and  to  the  Hankow-Sin- 
yang  section  (247  kilometers)  which  must  be  constructed  first;  it  is 
understood  that  the  thirteen  million  taels  above  mentioned  shall  in  the 
first  place  be  applied  to  the  construction  and  to  putting  in  complete 
working  order  of  the  Lu-kou-chiao-Paoting  section. 

The  construction  of  the  entire  line  (not  including  the  Peking-Paoting 
section)  shall  be  done  under  the  direction  of  the  Soci^t^  d'Etude  de 
Chemins  de  f er  en  Chine  or  its  representatives,  but  for  the  account  of 
the  Chinese  Railway  Company. 

The  Soci^t^  d'Etude  shall  make  the  studies,  plans,  surveys,  estimates 
for  the  whole  line,  direct  the  execution  of  all  the  work  and  order  the 
materials,  machinery  and  furniture  necessary  to  insure  the  regular 
operation  of  the  line.  However,  the  Director  General  of  the  Chinese 
Railway  Company  reserves  to  himself  the  right  to  approve  the  build- 
ing plans  and  contracts  for  supplies. 

Except  for  supplies  of  materials  and  expenses  of  all  kinds  paid  in 
Europe,  the  Chinese  Railway  Company  must  place  at  the  disposal  of 
the  Soci^t6  d'Etude  the  necessary  sums  for  setUing  all  payments  with- 
out exception  necessitated  in  the  carrying  out  of  the  work,  as  well  as 
the  payment  of  the  staff  under  the  orders  of  the  Soci^t^  d'Etude  and, 
in  general,  all  expenses  whatsoever. 

Consequently  the  Soci^t6  (d'Etude)  shall  not  be  obliged  to  pay  any 
expenses  from  its  own  funds. 

It  shall  endeavor  to  complete  the  construction  of  the  line  within 
three  years. 


TEEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      239 

Article  20. 

On  the  Hankow-Sinyang  section  and  eventually  on  the  other  sec- 
tions between  Paoting  and  Sinyang,  the  Russo-Chinese  Bank  in  the 
first  place  and  afterwards  the  bank  designated  by  common  accord  by 
the  Chinese  Railway  Conipany  and  the  Soci6t6  d'Etude,  shall  deposit 
each  month  with  the  Chinese  Railway  Company,  out  of  the  available 
funds  in  their  hands,  the  amounts  necessary  to  settle  the  payments  for 
the  ensuing  month,  according  to  the  estimates  prepared  by  the  Soci^t^ 
d'Etude  or  its  delegates. 

A  first  transfer  equivalent  to  the  estimated  value  of  the  work  already 
executed  on  the  Hankow-Sinyang  section  shall  be  made  as  a  first  credit. 

The  price  paid  for  the  above  mentioned  bonds  being  exclusively 
affected  to  the  constiniction  of  the  line  from  Hankow  to  Paoting,  the 
Russo-Chinese  Bank  and  the  bank  referred  to  in  the  first  paragraph  of 
the  present  article,  would  have  the  right  not  to  pay  the  funds  in  case 
one  of  their  payments  were  diverted  from  the  purpose  stipulated,  as 
well  as  in  case  the  representatives  of  the  Soci^tfi  d'Etude  were  not 
empowered  by  the  Chinese  Railway  Company  to  continue  the  manage- 
ment of  the  construction  works  with  which  this  company  is  exclusively 
entrusted. 

The  balance,  if  there  be  one,  shall  be  held  subject  to  the  order  of 
the  Chinese  Railway  Company. 

Article  21. 

The  Chinese  Government  cedes  to  the  Soci^t^  d'Etude  an  option  till 
December  31, 1901,  to  purchase  the  surplus  of  the  loan,  to  wit:  73,500,000 
francs  at  90  %  nominal,  plus  the  accrued  fraction  due  on  the  coupon. 

This  option  can  be  availed  of  one  or  several  times,  without  regard  to 
the  amortizations  made,  but  each  notice  must  be  for  a  sum  not  less 
than  25,000,000  francs  net. 

The  delivery  of  the  bonds  taken  on  the  options  shall  be  to  the  Russo- 
Chinese  Bank  in  Paris;  the  final  bonds  shall  be  delivered  within  a 
month  dating  from  the  telegraphic  notification  to  the  Management  of 
the  Chinese  Railway  Company. 

The  price  of  these  bonds  shall  be  deposited  in  the  bank  designated, 
by  common  accord,  by  the  Chinese  Railway  Company  and  the  Soci6t€ 
d'Etude,  and  it  shall  not  surrender  them  except  under  the  conditions 
stipulated  in  the  above  article  20. 

Article  22. 

If  the  Soci^t^  d'Etude  takes  advantage  of  the  right  granted  it  to 
purchase  all  or  part  of  the  bonds  on  which  it  holds  an  option,  it  shall 
each  time  confer  with  the  Chinese  Railway  Company  to  determine 
upon  the  sections  (of  line)  to  be  built  with  its  new  funds. 


240     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Article  23. 

The  surveys  of  the  line,  dating  from  the  signing  of  the  present  con- 
tract, are  to  be  made  at  the  expense  of  the  Chinese  Railway  Company; 
the  Hankow-Sin3'ang  sections  shall  first  be  surveyed,  and  then  succes- 
sively each  of  the  other  sections,  for  building  which  an  agreement  may 
be  had  before  the  Soci^t^  d'Etude  avails  itself  of  the  right  of  option 
conceded  it  by  Article  21. 

It  is  henceforth  understood  that  the  section  to  be  built  with  the  funds 
derived  from  the  first  option  shall  be  the  one  from  Paoting  towards 
the  Yellow  River,  and  the  survey  shall  be  begun  during  the  first  j^ear. 

Article  24. 

La  Soci^t6  d'Etude  reserves  the  right  to  make  one  or  more  issues, 
by  public  subscription  or  otherwise,  of  all  or  any  part  of  the  bonds 
whether  bought  outright  {aclieteea  ferme)  or  included  in  the  option. 

Should  the  issue  be  by  public  subscription,  the  Soci^t^  d'Etude  shall 
have  the  right  to  include  in  the  total  offered  for  subscription,  exclusive 
of  the  78,000  bonds  taken  outright  {prises  femie)^  all  or  any  part  of  the 
bonds  covered  by  the  option,  without  on  that  account  being  committed 
to  take  outright  {prendre  fermi)  any  part  whatever  of  the  bonds  covered 
b}'  the  options. 

It  shall  be  allowed  fifteen  days,  counting  from  the  closing  of  the 
public  subscription,  to  inform  by  registered  telegram  addressed  to  His 
Excellency  Sheng,  Director  General  of  the  Chinese  Railway  Company 
at  Shanghai,  the  number  of  bonds  it  has  taken,  and  that,  at  the  price 
and  under  the  conditions  above  specified. 

The  payment  and  the  delivery  of  the  bonds  taken  by  the  Soci^t6 
d'Etude  following  the  public  subscription  shall  take  place  under  the 
conditions  specified  in  the  above  mentioned  articles. 

Article  25. 

The  present  contract  shall  only  be  binding  on  the  Soci^td  d'Etude 
inasnmch  as  it  shall  have  the  promise  that,  with  the  exception  of  what 
can  be  supplied  by  the  Hanyang  works,  all  the  materials  and  supplies 
necessary  for  the  construction  and  working  of  the  railroad  from  Lu- 
kou-chiao  (Peking)  to  Hankow  will  be  ordered  from  the  Soci^t^ 
d'Etude,  which  will  fill  the  orders  under  the  best  possible  terms. 

Exception  is  made  for  the  material  necessary  for  the  equipment 
{armenient)  of  the  line  from  Lu-kou-chiao  to  Paoting,  as  this  material 
is  almost  entirely  ready. 

Compliance  with  the  provisions  of  this  clause  by  the  Chinese  Rail- 
way Compan}^  shall  result  from  the  ordering  of  material  for  each  of 
the  sections  undertaken. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      241 

Material  ordered  from  the  Soci6t6  d'Etude  shall  be  exempt  from  all 
customs  and  likin  duties  on  entering  or  crossing  Chinese  territory. 

If  this  franchise  is  not  made  good  before  the  expiration  of  the 
month  following  the  date  on  which  the  Belgian  Government  shall  have 
notified  the  Soci^t^  Beige  of  the  receipt  of  the  notifications  stipulated 
in  article  29,  it  (the  Soci^t^  d'Etude)  reserves  the  right  not  to  hold 
itself  bound. 

It  reserves  the  same  right  and  within  the  same  time  if  extraordinary 
events  should  arise,  as  for  instance  war,  or  if  the  French  Debt  {rente 
frangaise)  should  fall  below  par. 

If,  on  its  side,  the  Soci6t6  Beige  should  not  keep  the  terms  of  the 
present  contract,  it  shall  be  annulled;  the  Chinese  Railway  Company 
shall  be  free  to  enter  into  contract  with  whomsoever  it  may  see  fit,  and 
to  dispense  with  the  services  of  the  Engineer-in-chief. 

Article  26. 

In  case  of  controversies  or  differences  between  the  Soci6t6  d'Etude 
or  its  representatives  and  the  Imperial  Chinese  Government  or  the 
Chinese  Eailway  Company,  these  controversies  or  differences  shall  be 
submitted  to  the  judgment  of  a  member  of  the  Tsung-li-Yamgn  and 
the  Belgian  Minister  in  China. 

In  case  of  disagreement  between  these  latter,  the  Tsung-li-Yamgn 
and  the  Belgian  Minister  shall  designate  an  arbitrator  who  shall  decide 
finally. 

Article  27. 

As  guarantee  for  the  financial  execution  of  the  present  contract,  the 
Soci6t6  d'Etude  has  already  deposited  in  the  Russo-Chinese  Bank 
20,000  pounds  sterling  as  security. 

It  shall  take  full  possession  of  this  sum  as  soon  as  it  shall  have  ful- 
filled the  provisions  stipulated  in  the  first  two  paragraphs  of  article  18 
here  above. 

It  is  understood  .that  the  payment  of  8,600,000  francs  to  the  Russo- 
Chinese  Bank  at  Shanghai  must  be  made  within  the  month  following 
the  date  of  the  signing  of  the  present  contract. 

Article  28. 

The  Tsung-li-Yam6n  shall  be  bound  in  case  the  Belgian  Minister  at 
Peking  request  it  to  give  cognizance  of  the  title  to  the  Minister  of  the 
foreign  country,  indicated  by  him,  rfs  subscriber  to  the  issue  of  stock. « 

a  Si  le  Ministre  de  Belgique  k  P^kin  en  faisait  la  demande  au  Tsung-li-Yamen, 
celui-ci,  serait  tenu  de  notffier  le  titre  au  Ministre  du  pays  Stranger  qu*il  lui  d^signe- 
lait,  comme  prenant  part  ^  la  souscription  des  titres. 

2793&-04 16 


242  TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Article  29. 

The  present  contract  is  made  in  triplicate,  one  copy  for  the  Chinese 
Government,  one  for  the  Chinese  Railway  Company  and  the  third  for 
the  Soci6t6  d'Etude  de  Chemins  de  fer  en  Chine. 

In  case  of  doubt  or  disagreement,  the  French  text  alone  shall  be  used 
to  interpret  the  contract. 

The  present  contract  must  be  submitted  through  the  proper  channel 
for  Imperial  Sanction,  and  when  said  Sanction  has  been  obtamed,  the 
Tsung-li-Yamen  must  advise  the  Belgian  Representative  at  Peking  by 
official  dispatch  and  eventually  the  Representative  in  Peking  of  the 
foreign  country  to  whom  it  may  give  cognizance  of  the  title  (le  Rep- 
resfintant  h  Pekin  du  pays  Stranger  auquel  le  titre  sera  notifie).  These 
formalities  shall  be  complied  with  within  the  month  following  the  sign- 
ing of  the  contract.  The  provisions  of  the  contract  signed  at  Wuchang 
the  27th  May,  1897,  and  of  the  protocol  signed  the  21st  July,  1897, 
which  do  not  conflict  with  the  present  contract,  especially  those  of 
article  14  of  the  Wuchang  contract  and  article  2  of  the  Shanghai  pro- 
tocol, are  and  remain  in  force.  The  Soci^t^  G^n^rale  of  Brussels  and 
the  Russo-Chinese  Bank  are  parties  to  the  present  contract,  and  they, 
after  having  examined  the  preceding  contract,  declare  that  they,  as  far 
as  necessary,  accept  the  duties  imposed.  According  to  Article  14  of 
the  above  mentioned  Wuchang  contract,  the  Chinese  Railway  Company 
will  only  recognize  the  Soci^tfi  Beige  as  contracting  party. 

Done  at  Shanghai,  the  twenty-sixth  day  of  the  month  of  June,  one 
thousand  eight  hundred  ninety-eight. 
The  Engin-eer  representing  the  Societe  cP Etude 
de  Chemms  de  fer  enChine^ 

The  Director  General  of  the  Chinese 
Railway  Company^ 

The  Representatives  of  the  Imperial  Chinese  Government: 
The  Viceroy  of  Hupeh,  The  Viceroy  of  Chihli. 

OPERATING   CONTRACT. 
BETWEEN   THE  UNDERSIGNED: 

1°.  The  Imperial  Chinese  Government,  represented  by  Their  Excel- 
cies,  the  Viceroys  of  Chihli  and  of  Hupeh; 

2°.  The  Chinese  Raihcay  Compfiny^  represented  by  His  Excellency 
Sheng  Hsuan-huaT,  its  Director  General,  OflBce  of  the  Company  at 
Shanghai; 

And  the  Societe  d^  Etude  de  Chemins  defer  en  Chine^  whose  office  is 
at  Brussels, 

Has  been  agreed  as  follows: 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      243 

Article  1. 

The  Chinese  Railway  Company,  in  accord  with  the  Imperial  Chinese 
Government,  entrusts  the  Soci^tS  d'Etude  de  Chemins  de  f er  en  Chine, 
which  shall  appoint  representatives  for  that  purpose,  with  the  direc- 
tion, administration,  and  operating  of  the  line  from  Hankow  to  Lu- 
kou-chiao  (Peking),  for  which  it  holds  a  concession,  under  the  terms 
of  an  edict  of  His  Majesty  the  Emperor  of  China  dated  October  20, 
1896,  and  of  which  a  copy  is  annexed  to  the  present  contract. 

Article  2. 

The  Soci^t^  d'Etude  shall  take  over  the  working  of  the  line  as  soon 
as  each  section  is  completed,  following  final  acceptance  by  the  Imperial 
Administration  of  Chinese  Railways.  Each  section  must  be  com- 
pletely and  previously  equipped  and  provided  with  all  the  material 
necessary  for  its  working,  as  well  as  with  the  supplies  of  tools,  furni- 
ture and  a  fund  for  running  expenses.  The  Soci^t6  d'Etude  or  the  rep- 
resentatives it  shall  appoint  under  the  provisions  of  Article  1,  shall 
organize  the  various  services,  shall  have  the  right  to  hire  the  person- 
nel, which  it  shall  have  absolute  right  to  dismiss,  or  disband,  and  to  fix  its 
salaries  according  to  a  fixed  schedule  previously  communicated  to  the 
Director  General  of  the  Chinese  Railway  Company.  It  shall  make  all 
purchases  necessary  for  operating,  maintaining  or  repairing  the  road; 
it  shall  fix  the  schedule  of  rates  in  the  terms  of  concession  contracts, 
collect  revenues  of  all  kinds  and  pay  the  operating  and  management 
expenses  of  the  Company.  The  foregoing  measures,  taken  for  the 
purpose  of  operating  the  line,  shall  be  submitted,  for  consultative 
purposes,  to  the  Director  General  of  Chinese  Railways. 

The  Chinese  Railway  Company,  which  will  appoint  delegates  for 
that  purpose,  shall  have  absolute  right  of  control  over  the  receipts  and 
expenses. 

The  purchase  of  all  new  material  or  works  for  the  improvement  or 
extension  of  the  regular  road,  or  of  stations,  which  may  be  found 
necessary  after  the  opening  of  each  section  of  the  line  to  traflBc,  shall  be 
at  the  sole  expense  of  the  Chinese  Railway  Company.  As  far  as  pos- 
sible the  supplies  necessary  for  the  maintenance  and  repairing  of  the 
road  shall  be  ordered  from  the  works  and  mines  under  the  control  of 
the  Director  General  of  the  Chinese  Railway  Company. 

Article  3. 

In  case  of  war  or  revolution  in  China,  the  transportation  of  troops, 
munitions  and  of  the  supplies  of  the  Chinese  army  shall  have  right  of 
way  over  all  commercial  transportation.  The  rate  for  such  transpor- 
tation shall  be  50  per  cent  of  the  tariff;  and  it  shall  be  carried  according 


244     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

to  the  instructions  of  the  Director  General  of  the  Chinese  Railway 
Company.  The  transportation  of  anything  of  nature  to  injure  the 
Imperial  Chinese  Government  shall  moreover  be  forbidden. 

Article  4. 

Out  of  the  receipts  from  operation  available,  after  payment  of  all 
expenses,  the  Soci^t^  d'Etude  shall  retain  the  necessary  sum  to  insure 
the  payment,  every  six  months,  and  at  least  three  months  before  its 
date  of  pa^'ment,  of  the  service  of  the  loan  of  112,500,000  francs  con- 
tracted by  the  Imperial  Chinese  Government. 

This  reserve  shall  be  made  as  long  as  said  loan  is  not  entirely  paid  off. 

The  amount  of  this  reserve  shall  be  deposited  monthly  with  the 
Soci^t^  Gen6rale  Beige  pour  favoriser  I'lndustrie  Nationale,  or  with 
the  Company  designated  by  it.  The  latter  shall  convert  into  gold 
on  the  best  terms  procurable,  the  sums  paid  to  it  for  the  service  of 
the  loan. 

When,  by  means  of  the  sums  thus  paid  in,  the  service  in  gold  of  the 
loan  shall  have  been  insured,  the  Soci6t6  d'Etude  shall  deduct  10  %  of 
the  surplus,  which  shall  be  applied  to  the  creation  of  a  reserve  fund  for 
rebuilding  or  making  extraordinary  repairs  necessary  to  ""insure  the 
working  of  the  lines. 

It  shall  then  pay  the  balance  remaining  available  out  of  the  operat- 
ing revenues  to  the  Chinese  Railway  Company. 

Article  5. 

The  duration  of  the  present  operating  contract  is  fixed  at  thirty 
years  dating  from  the  signing  of  the  contract. 

However,  this  period  would  be  fully  entitled  to  extension  in  case  the 
loan  of  112,500,(X)0  francs  should  not  at  that  time  be  wholly  paid  off; 
this  extension  would  continue  as  long  as  the  complete  amortization 
had  not  been  made.  But  if  the  refunding  of  the  loan  should  be  made 
before  the  dates  on  which  they  fall  due,  the  present  working  contract 
will  be  annulled  from  the  date  of  the  total  refunding  of  the  loan. 

Article  6. 

During  the  entire  period  of  the  working  of  the  line  by  the  Soci^t^ 
Beige,  the  Chinese  Railway  Company  grants  it  20  %  of  the  net  profits 
of  the  railroad  from  Peking  to  Hankow,  as  agreed  upon  by  mutual 
consent,  after  the  closing  of  each  fiscal  term  {exeroice)^  taking  into 
account,  naturally,  the  sums  necessary  for  the  service  of  the  interest 
and  the  amortization  of  the  loans. 

Article  7. 

In  case  of  contentions  or  disagreement  between  the  Soci^t6  d'Etude 
and  the  Management  of  the  Chinese  Railway  or  the  Imperial  Chinese 


TBEATIES  Ain)  CONVENTIONS  WITH  CHINA  AND  KOREA.      245 

Goyernment,  said  contentions  and  disagreements  shall  be  settled  as 
specified  in  article  26  of  the  loan  contract. 

Article  8. 

If  the  revenues  from  operating  the  lines  are  not  sufficient  to  cover 
the  expenses,  the  Chinese  Kailway  Company  must  supply  the  Soci^t^ 
d'Etude  with  the  necessary  means  to  insure  the  operating  of  the  lines 
under  normal  conditions. 

Article  9. 

All  materials  and  supplies  needed  by  the  Soci^t^  d'Etude  for  the 
working  of  the  line,  as  well  as  for  the  maintenance  and  repair  of  the 
line,  shall,  when  imported  from  abroad,  be  exempt  from  all  customs 
orlikin  dues. 

Article  10. 

The  present  contract  is  made  in  triplicate;  one  copy  for  the  Imperial 
Chinese  Government,  one  for  the  Chinese  Railway  Company,  and  the 
third  for  the  Soci^t^  d'Etude  de  Chemins  de  fer  en  Chine. 

In  case  of  doubt  or  disagreement  the  French  text  shall  alone  be 
accepted  for  the  interpretation  of  the  contract. 

The  present  contract  must  be  submitted  through  the  proper  chan- 
nel for  Imperial  sanction,  and,  when  said  sanction  shall  have  been 
obtained,  the  Tsung-li-Yamgn  must  advise,  b}^  official  dispatch,  the 
Belgian  Representative  at  Peking  and  eventually  the  representative  at 
Peking  of  the  foreign  Government  to  which  the  title  may  be  officially 
notified  (auquel  le  titre  sera  notifie). 

Done  in  Shanghai,  the  twenty-sixth  of  the  month  of  June  eighteen 
hundred  ninety-eight. 

The  Engineer  representing  the  Societe  d'^EUide  de  Chemins  de  fer  en 

Chine^ 
(s.)    Hubert. 

The  Director-  General  of  the  Chinese  Railway  Company^ 

(S. )      ShENG-HsC  AN-HUAI. 

Seen  for  authentication:  Witnesses: 

(s.)    Fr^re,  (s.)  Hu. 

Belgian  Consul,  (s.)  Ko. 

(Official  seal  of  the  Chinese  Railway  Administration.) 

The  Representatives  of  the  Imperial  Chinese  Government: 

The  Viceroy  of  Hupeh^  The  Viceroy  of  Chihli^ 


246     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

LETTER  OF  HIS  EXCELLENCY  SHENG  RELATIVE  TO  THE  ARBITRA- 
TION clause; 

Ihperlll  Administration  of  Chinese  Railways, 

Shanghai,  June  26,  1898. 
As  the  contentions  and  disagreements  referred  to  in  Article  26  of 
the  loan  contract  and  in  Article  7  of  the  operating  contract  relating  to 
the  Railway  from  Hankow  to  Peking,  may  relate  to  interest  and  the 
amortization  of  the  loan,  the  undersigned  Sheng  Hsuan-huai,  Director 
General  of  the  Chinese  Railway  Company,  duly  authorized  thereto  by 
the  Tsung-li  YamSn,  declares,  from  the  present  date,  that  the  arbi- 
trator to  judge  finally  all  such  contentions  and  disagreements,  will  be 
the  Minister  at  Peking  of  the  foreign  country  which  shall  have  taken 
part  in  the  subscription  for  the  loan, 

[Official  Seal  of  the  Chinese  [s]  ShENG  HstJAN-HuAI, 

Railway  Administration.]  Direct(yr  General  ofRaUwwys. 


LETTER  OF  HIS  EXCELLENCY  SHENG  RELATIVE  TO  THE  PREFEREN- 
TIAL RIGHT  TO  THE  HANKOW-CANTON  LINE. 

Imperial  Administration  of  Chinese  Railways, 

Shanghai,  June  26,  1898. 

The  undersigned,  Sheng-Hsuan-huai,  Director  General  of  the  Chi- 
nese Railway  Company,  declares  that  he  reserves  to  the  Soci6t6 
d'fitudes  des  Chemins  de  fer  en  Chine,  a  preferential  right  as  regards 
the  railway  to  be  built  from  Hankow  to  Canton,  in  case  the  pro- 
visional contract,  a^  dravm  up  in  Washington  between  His  Excellency 
Sheng  and  the  American  Syndicate  (Carey- Washburn),  should  not 
become  a  definitive  one. 

It  is  well  understood  that  this  preferential  right  is  granted  to  the 
Soci6t6  d'Etudes  des  Chemins  de  fer  en  Chine,  under  the  terms  of 
Ai-ticle  14  of  the  Wuchang  contract,  which  formally  prohibits  the 
Soci^t^  Beige  d'fitudes  des  Chemins  de  fer  en  Chine  from  transferring 
any  of  its  rights  to  any  company  of  foreign  nationality. 

[Official  seal  of  the  Chinese  [s]  ShENG-HsCAN  HuAI, 

Railway  Administration.]  Dvrect(rr  General  of  Railways. 


TREATIES  AND  OONVENaiONS  WITH  CHINA  AND  KOREA.      247 

PREFERENTIAL   RIGHT  OF    THE  BELGIAN   SYNDICATE  TO  BUILD 
HANKOW-CANTON  RAILWAY. 

In  connection  with  the  letter  of  Sheng  Hsuan-huai  given  above  and 
relating  to  the  preferential  right  of  the  Belgian  Syndicate  to  build 
the  Hankow-Canton  railway  in  case  the  contract  made  with  the 
American  China  Development  Company  should  not  become  definitive, 
the  following  dispatch  from  the  British  charg^  d'affaires  in  Peking  to 
Lord  Salisbury,  and  published  in  the  British  Parliamentary  Blue  Book, 
China^  No,  1  (1900)  pp.  165-156,  is  of  interest. 


Mr.  Bax-Irgnside  to  the  Marquess  of  Salisbury. 

[Extract.] 

Peking,  May  15^  1899. 

I  had  the  honour  to  receive  a  telegram  from  your  Lordship  on  the 
28th  ultimo,  informing  me  that  the  prospectus  issued  by  the  Belgian 
Syndicate  for  the  Peking-Hankow  Railway  Loan  states  that  the  Syn- 
dicate have  a  preferential  right  to  the  Hankow-Canton  line  in  the 
event  of  the  Contract  with  the  American  Syndicate  not  being  finally 
arranged. 

Your  Lordship  also  inquired  whether  the  Chinese  Government  had 
ever  communicated  the  text  of  the  Peking-Hankow  Agreement  in 
accordance  with  an  undertaking  which  they  had  previously  given  us. 

At  an  interview  which  had  already  been  arranged  for  the  following 
day  with  the  Tsung-li  Yamfin,  I  took  the  opportunity  to  inquire 
whether  the  statement  issued  in  the  Belgian  prospectus  was  a  correct 
one. 

The  Ministers  had  no  knowledge  of  any  such  arrangement. 

I  pointed  out  that,  according  to  published  reports,  the  American 
Syndicate  had  a  preferential  right  to  the  Peking-Hankow  line  if  nego- 
tiations with  the  Belgian  Syndicate  fell  through. 

The  Ministers  expressed  themselves  equally  ignorant  of  this 
aiTangement. 

On  the  following  day  I  sent  two  members  of  the  staff  to  carefully 
compare  our  copy  of  the  Chinese  text  with  the  original  one  in  the 
possession  of  the  Tsung-li  YamSn,  with  the  result  that  the  comparison 
showed  no  material  difference. 

The  Secretaries  of  the  YamSn  stated  that  they  had  no  copy  of  the 
French  text  which  is  the  standard  in  case  of  dispute. 

On  the  6th  instant  I  addressed  an  official  note  to  the  Tsung-li  Yam@n 
requesting  to  be  informed  whether  such  an  arrangement  as  stated  in 
the  prospectus  had  been  made,  and  their  Excellencies  replied  in  the 
negative. 

Copy  of  my  note,  together  with  the  reply  thereto,  are  herewith 
inclosed. 


248     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBBA. 

[Indosure  1.] 

Mr.  Bax-Ironside  to  the  Tsung-u-YamAn. 

Peking,  May  6,  1899. 
MM.  LES  Ministres, 

On  the  29th  April  I  called  at  the  YamSn  and  referred  to  the  Agree- 
ment made  on  the  26th  June  last  year  with  the  Belgian  Syndicate  for 
the  Peking-Hankow  Railway.  1  mentioned  that  in  the  prospectus 
issued  by  the  Belgian  Syndicate  it  was  stated  that  China  had  promised 
that  if  the  American  Agreement  for  the  Hankow-Canton  line  fell 
through,  the  Belgian  Syndicate  would  be  intrusted  with  the  construc- 
tion of  that  line. 

Your  Excellencies  informed  me  that  there  was  no  such  stipulation  in 
the  Agreement  of  twenty-nine  Articles,  or  the  Supplementary  Agree- 
ment of  ten  Articles  made  with  the  Belgian  Syndicate  for  the  Peking- 
Hankow  line. 

I  have  heard,  however,  that  the  promise  referred  to  was  given  sub- 
sequently to  the  settlement  of  the  aforesaid  Agreements,  and  1  have 
the  honour  to  request  your  Highness  and  your  Excellencies  to  inform 
me  whether  such  an  Agreement  has  been  made. 

(Signed)  H.  O.  Bax-Ironside. 


[Inclosure  2.] 

The  Tsung-ij  Yam^n  to  Mr.  Bax-Ironside. 

[Translation.] 

Sir,  Peking,  May  10,  1899. 

On  the  6th  instant  we  received  your  letter  to  the  effect  that  in  the 
prospectus  issued  by  the  Belgian  Syndicate  it  is  stated  that  China  has 
promised  that  in  the  event  of  the  abandonment  of  the  American  Con- 
tract for  the  Hankow-Canton  Railway  the  Belgian  Syndicate  will  be 
intrusted  with  the  construction  of  that  line.  You  added  that  3^ou  had 
heard  tha;t  this  promise  was  given  subsequentlj^  to  the  settlement  of 
the  Belgian  Agreement,  and  you  inquired  whether  such  an  arrange- 
ment had  been  made. 

We  have  the  honour  to  inform  j^ou  that  neither  the  Belgian  Agree- 
ment in  twenty-nine  clauses  nor  the  Supplementary  Agreement  in  ten 
clauses  contains  any  such  stipulation,  and  that  there  has  been  no  sub- 
sequent arrangement  of  any  kind. 

We  have,  &c. 

(Cards  of  their  Excellencies  the  Ministers  inclosed.) 


No-  35. 

CHINA. 

IMPERIAL  EDICT  ESTABLISHING  BUREAU  OF  CONTROL  OF  RAILWAYS 

AND  MINES. 

April  2,  1898. 
[TranHlatlon.j 

Railways  and  mines  are  nowadays  the  most  important  enterprises  in 
this  Empire.  We  have  already  had  the  Tientsin-Shanhaikuan  and  the 
Tientsin-Peking  railways  built  and  in  regular  working  order  for  some 
time  past,  while  steps  are  now  being  taken  for  raising  funds  to  build 
the  Shanhaikuan  extension  to  the  Taling  River  (Niuchwang  and 
vicinity).  As  for  the  Canton-Hankow  and  Hankow-Peking  lines,  full 
control  had  been  granted  the  Head  Commercial  Company  to  find  ways 
and  means  for  the  construction  of  these  railways,  and  matters  appear 
to  be  now  taking  definite  shape  in  this  connection. 

Then  as  to  mines,  we  have  the  Kaiping  Colliery  and  the  Muh6 
(Amur)  gold  mines  as  the  most  successful,  so  far,  among  the  many 
mining  enterprises  embarked  upon,  and  we  have  already  further  com- 
manded those  in  control  to  seize  every  opportunity  to  extend  the 
works  of  the  two  mines  above  noted. 

We  are,  however,  apprehensive,  in  view  of  the  number  of  provinces 
in  the  Empire  and  the  various  conditions  of  men  who  will  attempt  to 
open  mines  of  all  sorts  in  the  future,  that  a  diversity  of  methods  and 
ensuing  confusion  will  be  the  result,  which  would,  of  course,  be  detri- 
mental to  the  principal  object  we  have,  of  getting  the  fullest  advan- 
tages obtainable  out  of  each  and  every  undertaking  in  this  direction. 

It  is  therefore  highly  important  that  there  should  be  a  central 
bureau  to  direct,  under  a  single  system,  the  working  and  exploitation 
of  mines  and  railways  in  the  Empire,  and  we  hereby  command  that  a 
Bureau  of  Control  for  Railways  and  Mines  be  established  in  Peking, 
to  the  chief  commissionerships  of  which  We  now  specially  appoint 
two  ministers  of  the  Tsungli  Yam^n,  namely,  Wang  W6n-shao  and 
Chang  Yin-huan. 

The  said  Chief  Commissioners  shall  from  henceforth  have  special 
control  over  the  opening  of  mines  and  construction  of  railways 
throughout  the  Empire,  and  companies  formed  for  the  above  purposes 
will  in  future  be  required  to  apply  to  the  said  Commissioners  for  per- 
mission and  guidance  in  their  operations. 

249 


No.  36. 

FRANCE. 

CONCESSION  OF  RIGHT  TO  BUILD  RAILWAY  FROM  TONGKING  TO 
YCN-NAN— LEASE  OF  KUANG-CHOU-WAN— CHINESE  POST-OFFICE 
STAFF.« 

M.  DuBAiL,  Charge  d'affaires  of  the  French  Republic  to  the 

TSUNG-LI  YAMfeN. 

[TranHlation.] 

Peking,  9th  Aprils  1898. 

In  pursuance  of  our  interviews,  and  in  execution  of  the  formal 
instructions  of  the  Government  of  the  Republic,  which  has  furnished 
me  with  special  powers,  I  have  the  honour  to  ask  your  Highnesses  and 
your  Excellencies  to  acquiesce  in  the  following  terms  designed  to  draw 
closer  the  bonds  of  friendship  and  neighbourliness  which  unite  the 
Chinese  Empire  to  the  French  Republic: — 

Ist.  The  Chinese  Government  grant  to  the  French  Government,  or 
to  the  French  Company,  which  the  latter  may  designate,  the  right  to 
make  a  railway  from  the  frontier  of  Tonking  to  Yun-nan-fu;  the  Chi- 
nese Government  having  no  other  responsibility  {cJuj/rge)  but  to  furnish 
land  for  the  road  and  its  dependencies.  The  route  {trace)  of  this  line 
is  actually  surveyed  {etudie)^  and  will  be  fixed  later  on  in  agreement 
with  the  two  Governments.     Regulations  will  be  jointly  made. 

2nd.  The  Chinese  Government,  in  consideration  of  its  friendship 
for  France,  leases  the  bay  of  Kuang-chou-wan,  for  99  years,  to  the 
French  Government,  which  may  establish  a  naval  station  and  coal 
depot  there.  The  boundaries  of  the  Concession  will  be  fixed  here- 
after by  agreement  between  the  two  Governments,  after  examination 
on  the  spot.     The  question  of  rental  will  be  arranged  later  on. 

3rd.  When  the  Chinese  Government  organizes  a  definite  Postal 
Service  and  places  a  high  functionary  at  its  head,  it  proposes  to  call 
for  the  help  of  foreign  officers,  and  declares  itself  willing  to  take 
account  of  the  recommendations  of  the  French  Government  in  respect 
to  the  selection  of  the  staflf. 

I  beg  your  Highnesses  and  your  Excellencies  to  be  good  enough  to 
acknowledge  receipt  of  this  despatch  by  an  identical  letter  which  will 
constitute  the  agreement  of  our  two  Governments.  The  two  docu- 
ments will  serve  as  a  Convention. 

G.  DUBAIL. 

a  Documents  DiplomcUiques,  Chine,  1894-1898 y  p.  50-51.  The  lease  of  Kuang-choa- 
wan  was  concluded  by  the  Convention  of  May  27, 1898.    See  supra,  p.  65,  No.  11. 

250 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      251 

The  Tsung-li  Yam^n  to  M.  Dubail,  &c. 

(Peking,)  10th  April,  1898. 
On  the  9th  April,  1898,  we  received  from  Your  Excellehcy  the  fol- 
lowing despatch: 

(Despatch  quoted  as  above.) 

As  it  is  said  in  the  dispatch  which  you  addressed  to  our  YamSn  that 
these  three  requests  are  destined  to  draw  closer  the  bonds  of  friend- 
ship which  unite  us,  we  are  able  to  acquiesce  in  them.  China  and 
France  ought  to  strengthen  the  good  relations  which  exist  between 
them,  and  avert  forever  any  cause  of  conflict. 

It  is  our  duty  to  address  this  answer  to  Your  Excellency,  in  order 
that  you  may  transmit  it  to  your  Government. 

{Signatured  of  the  President  <md  Members  of  the  Tsung-li  YamSn,) 


N^o-  37- 

UTNITED  STATES. 

CANTON-HANKOW  RAILWAY  (Yt^EH-HAN)  CONTRACTS. 

Contracts  between   the   Chinese   Government  and  American 
China  Development  Company. 

^  April  14th,  1898. 

July  13th,  1900. 

Whereas,  by  Edict,  His  Imperial  Majesty  the  Emperor  of  China 
has  designated  and  deputed  His  Excellency  ShengTajen,  in  his  capac- 
ity as  Director-General  of  Imperial  Chinese  Railways,  South,  to 
construct,  or  cause  to  be  constructed,  certain  lines  of  railway,  and 
particularly  the  railway  from  the  City  of  Hankow,  in  the  Province  of 
Hupeh,  to  the  City  of  Canton,  in  the  Province  of  Kwang  Tung,  and 

Whereas,  a  Chinese  Company  has  been  formed  for  the  construction 
of  railways  in  China,  under  Imperial  sanction,  hereinafter  called  the 
Chinese  Railway  Company,  of  which  company  His  Excellency  Sheng 
Tajen  is  the  Director-General,  and 

Whereas,  His  Excellency  Sheng  Tajen,  in  the  above  named  capacity, 
has  designated  and  deputed  His  Excellency  Wu  Ting-fang,  Chinese 
Minister  at  Washington,  United  States  of  America,  to  enter  into  a 
contract  for  the  purposes  set  forth  hereunder,  with  the  American  cor- 
poration known  as  the  American  China  Development  Company; 

Now,  therefore,  it  is  hereby  mutually  agreed  as  follows: 

1st:  The  American  China  Development  Company  hereby  agrees  to 
provide  as  a  loan  for  the  construction  of  the  railway  line  from  the  City 
of  Hankow  to  the  City  of  Canton,  the  sum  £4,000,000  Sterling,  or  its 
equivalent  in  American  dollars,  gold,  or  more,  if  necessary,  for  the 
building  and  equipment  of  the  said  railway;  and  said  £4,000,000  Ster- 
ling, or  so  much  thereof,  as  may  be  necessary,  shall  be  paid  in  instal- 
ments as  the  work  shall  advance;  the  first  instalment  shall  be  paid  as 
soon  as  the  report  of  the  Engineer  in  Chief  of  the  American  China 
Development  Company  shall  be  accepted  by  said  company,  with  the 
approval  of  the  Director-General,  as  below  provided. 

2nd.  To  secure  the  amount  of  the  loan  as  herein  below  provided, 
and  when  its  exact  total  shall  have  been  fixed  as  herein  below  provided, 
(the  same  to  be,  however,  in  any  event  not  less  than  suflScient  to  net 

252 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      258 

£4,000,000  Sterling)  there  shall  be  engraved  and  turned  over  en  hloc 
to  the  American  China  Development  Company,  Imperial  Chinese  Gold 
Bonds  in  the  English  and  Chinese  languages;  said  bonds  to  be  signed 
or  sealed  by  the  Director-General  of  the  Chinese  Railway  Company, 
and  countersigned  by  the  Chinese  Minister  at  Washington,  United 
States  of  America;  they  shall  carry  interest  at  the  rate  of  5%  per 
annum,  payable  semi-annually — said  interest,  however,  not  to  begin 
to  run  except  on  bonds  from  proceeds  of  sale  of  which  moneys  in 
instalments  for  rights  of  way,  construction  or  equipment,  shall  have 
been  required  or  expended;  to  be  in  form  and  accepted,  as  to  guaran- 
tee, and  otherwise,  by  the  American  China  Development  Company 
and  the  Director-General,  it  being  understood  that  the  bonds  shall  be 
similar  in  form  to  the  recent  issue  of  bonds  secured  by  Imperial  cus- 
toms, except  that  they  shall  be  a  first  mortgage  upon  the  railway  and 
its  appurtenances,  and  not  upon  the  customs;  they  shall  be  delivered 
to  and  taken  by  the  American  China  Development  Company  as  above 
at  90%  of  their  face  value;  the  total  number  of  said  bonds  to  be  to  an 
extent  as  shall  appear  to  be  required  in  accordance  with  estimates 
made  by  the  Engineer  of  the  American  China  Development  Company, 
to  cover  all  items  of  cost  or  expense  in  order  to  produce  at  90%  the 
net  amount  needed  to  complete  the  entire  work,  in  accordance  with 
maps  and  plans  of  said  company  approved  by  the  Director-General; 
and  said  American  China  Development  Company  hereby  agrees  to  con- 
struct the  road  in  accordance  with  said  plans  so  approved.  It  is  under- 
stood and  agreed  that  the  Director-General  shall  have  sufficient  time 
for  examination  by  him  of  all  of  said  plans  and  specifications,  submitted 
for  his  approval,  and  that  his  approval  as  above  shall  not  be  binding 
until  given  by  him  in  writing.  The  American  China  Development 
Company  shall  be  at  liberty  to  sell  any  or  all  of  these  bonds  to  the  pub- 
lic, and  any  loss  or  profit  shall  be  borne  by  or  go  to  the  said  company. 
3rd:  The  American  China  Development  Company  shall  build  and 
equip,  in  accordance  with  the  best  modern  system,  and  operate,  as 
herein  provided,  the  line  of  railway  with  all  necessary  appurtenances, 
from  Hankow  to  Canton,  and  from  Canton,  if  thought  advisable,  shall 
have  the  right  of  an  extension  to  the  sea,  and  to  such  other  places  as 
may  be  agreed  upon  with  the  Director-General,  it  being  hereby  agreed 
and  understood  that  the  Chinese  Railway  Company  or  Director-General 
shall  secure  needed  rights  of  way,  and  other  needed  facilities  and  privi- 
leges for  the  purposes  of  the  construction  and  operation  of  the  said 
railway  system  by  the  American  China  Development  Company.  It  is 
further  understood  and  agreed  that  the  concessions  hereby  granted  and 
acquired  shall  include  the  right  to  build  short  branch  lines,  to  insure 
important  available  traffic  and  connections, — all  maps  and  plans  for 
such  extensions  to  be  approved  by  the  Director-General.  In  all  ques- 
tions relating  to  the  taking  up  and  progress  of  construction,  or  admin- 
istration and  management  by  the  officials  of  the  American  China 


254     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Development  Company,  it  is  expressly  agreed  and  understood  that 
particular  heed  shall  be  paid  to  the  opinions,  habits  and  ideas  of  the 
Chinese  people;  whether  in  construction  or  management,  they  shall  be 
consulted  and  conciliated  as  far  as  practicable;  furthermore,  it  is 
agreed  and  understood  that  wherever  and  whenever  practicable,  with 
the  approval  of  the  Director-General,  Chinese  shall  be  employed  by 
the  American  China  Development  Company  in  positions  of  trust  and 
responsibility,  in  connection  with  the  construction  and  administration 
of  the  railway  system  herein  contemplated  and  provided  for;  in  regard 
to  the  earth  work,  sub-contracts  for  such  work  shall  be  entered  into 
with  Chinese,  under  the  sanction  of  the  Director-General,  or  his 
deputy,  said  work  itself  to  be  in  accordance  with  plans  and  specifica- 
tions of  the  Engineer  in  Chief  of  the  American  China  Development 
Company  and  under  his  supervision.  In  the  progress  of  construction 
and  administration,  no  interference  or  obstruction  by  Chinese  or  for- 
eigners will  be  permitted,  after  the  plans  and  specifications  have  been 
approved  by  the  Director-General,  nor  shall  the  work  of  the  survey- 
party  be  interfered  with  or  obstructed. 

4th:  As  remunei-ation  for  superintendence  and  services,  the  Ameri- 
can China  Development  Company  shall  receive  as  compensation  5% 
(five  per  cent)  on  the  entire  cost  of  construction,  except  land  and  earth- 
works. It  is  agreed  that  all  materials  required  for  the  railway  shall 
be  purchased  in  the  open  market  at  the  lowest  price  obtainable;  Chi- 
nese materials  are  to  be  preferred,  such  as  the  products  of  the  Hankow 
Iron -Works,  etc.,  if  obtainable  on  equally  reasonable  terms  and  of 
equally  good  quality.  No  commission  will  be  allowed  to  the  American 
China  Development  Company  on  the  purchase  of  materials,  except  as 
hereinbefore  provided. 

5th:  After  the  completion  of  the  line  or  so  much  of  the  line  as  may 
be  in  working  order,  it  shall  be  operated,  under  officials  appointed  by 
the  American  China  Development  Company,  who  shall  be  approved 
by  the  Director-General;  and  a  bureau  or  department,  analogous  to 
that  now  existing  for  the  Chinese  imperial  maritime  customs  shall  be 
formed;  the  Engineer-in-Chief  and  his  staff  shall  be  under  the  juris- 
diction of  this  Department,  as  well  as  all  other  officials  or  worktnen; 
incompetent,  disobedient  or  neglectful  employees  shall  not  be  retained 
in  service;  all  employees  shall  obey  the  orders  of  the  railway  depart- 
ment herein  provided  for. 

6th:  It  is  further  agreed  that  after  paying  salaries,  wages  and  other 
expenses  for  operating  and  maintaining  the  line  and  the  interest  on  the 
loan,  the  said  American  China  Development  Company  shall  receive 
twenty  (20%)  per  cent,  of  the  net  profits,  to  be  represented  by  and  in 
form  of  debentures,  to  an  amount  equal  to  one-fifth  of  the  cost  of  the 
line,  which  debentures  shall  be  issued  in  form  agreed  to  by  the 
Director-General  and  by  the  American  China  Development  Company 
at  the  same  time  as  the  first  mortgage  bonds  herein  provided  for.     The 


TBEATIES  AND  CONTENTIONS  WITH  CHINA  AND  KOREA.   255 

Chinese  Railway  Company  shall  have  the  right  to  redeem  and  cancel 
the  debentures  at  any  time  at  par,  that  is  say,  $100  shall  be  paid  for  a 
face  value  of  $100.  But  the  said  debentures,  if  not  redeemed,  shall 
expire  without  payment,  by  limitation,  after  forty-three  (43)  years 
from  the  date  of  their  issue,  and  shall  say  so  on  their  face. 

7th:  As  soon  as  possible  after  ratification  of  this  agreement,  the 
American  China  Development  Company  will  by  its  agent  or  agents, 
with  competent  engyieers,  and  with  the  assistance  of  the  oflScers  of 
the  Chinese  Railway  Company,  proceed  at  once  to  make  a  survey  of 
the  above  route,  together  with  the  estimate  of  the  entire  cost  of  con- 
structing the  railway,  with  all  its  necessary  appurtenances,  equip- 
ments, signaling  apparatus,  etc. ;  and  the  above  line  shall  be  completed 
by  the  American  China  Development  Company  within  three  years 
from  the  conmiencement  of  the  work,  except  for  unforeseen  circum- 
stances or  delays  beyond  the  control  of  the  said  Company.  The 
expense  of  the  survey  herein  referred  to  shall  be  borne  by  the  Chinese 
Railway  Company  as  to  its  own  part  in  the  said  survey,  and  by  the 
American  China  Development  Company  as  to  its  own  part  in  the  said 
survey. 

8th:  The  first  mortgage  gold  bonds  hereinabove  provided  for,  and 
which  shall  be  issued  in  accordance  with  this  contract,  shall  run  for 
fifty  (60)  years  from  their  date  of  issue;  it  is  understood  and  agreed 
that  in  case  the  Chinese  Railway  Company  shall  desire  to  redeem  any 
or  all  of  said  bonds  during  the  first  twenty -five  years  from  their  date 
of  issue,  the  said  Chinese  Railway  Company  shall  have  the  right  to 
*  redeem  any  or  all  of  said  bonds  at  102^-,  that  is  to  say,  $102.50  shall 
be  paid  for  a  face  value  of  $100;  but,  after  the  period  of  twenty -five 
years  from  the  date  of  issoe  of  said  bonds  shall  have  expired,  the 
Chinese  Railway  Company  shall  have  the  right  to  redeem  all  or  any  of 
the  said  bonds  at  par,  that  is  to  say,  that  $100  shall  be  paid  for  a  face 
value  of  $100.  At  maturity,  the  bonds  shall  be  redeemed  at  par, 
unless  extended. 

9th:  After  payment  of  all  the  bonds,  as  above  provided,  the  Chinese 
Railway  Company  may,  if  so  disposed,  take  the  management  of  the 
Line  into  their  own  hands  exclusively  and  dispense  with  any  or  all 
foreign  engineers  and  other  employees  nominated  by  the  American 
China  Development  Company. 

10th:  As  a  guarantee  for  the  performance  of  this  contract,  the 
American  China  Development  Company  will  deposit  on  the  demand 
of  the  Chinese  Minister  at  Washington,  the  sum  of  $100,000,  as  soon 
as  this  contract  shall  have  been  duly  ratified  by  the  parties  hereto; 
said  sum  of  $100,000  to  be  placed  in  a  bank  or  trust  company  in  New 
York  or  Washington,  in  a  form  accepted  by  both  parties,  to  remain 
so  on  deposit  until  the  said  sum  of  $100,000  shall  have  been  expended 
in  connection  with  the  work  in  China  by  the  American  China  Devel- 
opment Company,  or  its  agents,  and  when  it  shall  appear  that  said 


256      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

sum  shall  hatve  been  so  expended  by  the  American  China  Development 
Company  or  its  agents  the  said  amount  in  full  shall  be  returned  to  the 
American  China  Development  Company;  but  it  shall  be  forfeited  and 
paid  to  the  Chinese  Minister  at  Washington,  if  it  shall  be  shown 
within  six  months  from  date  that  at  least  an  amount  equal  to  said  sum 
shall  not  have  been  expended  by  the  American  China  Development 
Company  or  its  agents. 

11th:  With  a  view  to  enable  the  Chinese  ultimately  to  construct  and 
operate  railways,  the  American  China  Development  Company  shall 
establish,  at  their  own  expense,  a  school  of  practical  instruction  in 
railways,  whereat  Chinese  shall  be  educated  in  all  matters  pertaining 
to  railway  construction,  operation  and  management. 

12th:  All  materials  or  apparatus  for  the  construction  or  operation 
of  the  railway  herein  provided  for  shall  enter  the  Chinese  Empire  free 
of  duty  in  a  manner  similar  to  that  adopted  in  the  case  of  the  Imperial 
Railway^s  North. 

13th:  The  railway  shall  give  precedence  and  right  of  way  to  Gov- 
ernment troops  in  case  of  war  or  insurrection,  and  such  troops  in  such 
cases,  together  with  ammunition  and  government  stores,  shall  be 
carried  over  the  Line  at  half  rates. 

14th:  It  is  hereby  expressly  understood  and  agreed  that  no  action 
shall  at  any  time  be  taken  by  either  of  the  parties  to  this  agreement 
in  any  manner  or  to  any  extent  impairing  the  value  of  the  obligations 
created  by  and  under  this  contract;  nor  shall  any  such  action  be  per- 
mitted, either  by  the  Chinese  Railway  Company  or  the  American 
China  Development  Company.  , 

15th:  It  is  understood  that  as  regards  any  details  connected  with 
the  administration  of  this  contract,  not  hereinabove  provided  for,  the 
same  shall  be  agreed  upon  between  the  Chief  Official  in  China  of  the 
American  China  Development  Company  and  the  Director-General  of 
the  Chinese  Railway  Company. 

Witness  our  hands  and  seals  on  the  14th  day  of  April,  1898;  City  of 
Washington,  United  States  of  America. 

Wu  Ting-Fang,     [seal.] 
Chinese  Minister  to  the  United  States  of  America, 

Witness: 

Tmun  Yew  Chung, 

Washi^igton^  D,  C, 
American  China  DEVELorMENT  Company, 

f  By  A.  W.  Bash,  Agent, 

Witness: 

Thurlow  Weed  Barnes, 

Memher  Managing  Cammittee^ 

and  Treasurer^  New  TTorh  City. 

(Signed  in  duplicate;  six  words  interlined  in  section  13.) 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      257 

ADDENDUM. 

In  the  month  of  May,  1897,  an  agreement  was  entered  into  between 
His  Excellency,  Sheng  Tajen,  on  the  one  part,  and  a  Belgian  Syndi- 
cate of  the  other  part,  for  a  certain  loan  for  the  construction  of  the 
railway  from  Lukouchiao  to  Hankow. 

It  is  hereby  agreed  that  if  the  said  agreement  should  be  cancelled, 
the  Director-General  shall  authorize  the  American  China  Development 
Company  to  undertake  and  said  Company  shall  undertake  to  provide 
the  sum  of  £5,000,000  or  more  if  necessary  for  the  construction  of  said 
line,  and  shall  so  undertake,  upon  the  conditions  and  stipulations 
mentioned  in  the  agreement  entered  into  this  day,  with  respect  to  the 
loan  for  the  construction  of  the  Hankow-Canton  Line,  (save  as  to 
amount)  which  are  in  every  respect  to  apply  to  this  loan  wherever 
applicable,  and  shall  bind  both  parties,  it  being  understood  and  agreed 
that  the  American  China  Development  Company  shall  utilize  all  [)or- 
tions  of  the  Lukouchiao  Line,  whether  such  work  is  finished  or  partly 
finished,  the  cost  to  the  American  China  Development  Company  to  be 
the  actual  expense  of  construction  already  incurred  by  the  Director- 
General. 

Witness  our  hands  and  seals  this  14:th  day  of  April,  1898;  City  of 
Washington,  United  States  of  America. 

Wu  Ting-Fang,    [seal.] 
Chinese  Minister  to  the  United  States  of  America. 
Witness: 

TiMUN  Yew  Chung, 

Washington^  D.  C. 
American  China  Development  Company, 

By  A.  W.  Bash,  Agent, 
Witness: 

Thurlow  Weed  Barnes, 

Meraber  Managing  Committee  and  Trea^surer^  New  York  City, 
Signed  in  Duplicate. 


Imperial  Chinese  Legation, 

Washington,  D,  C,  April  28,  1898. 
The  undersigned,  Envoy  Extraordinary  and  Minister  Plenipotentiary 
of  the  Imperial  Chinese  Government,  hereby  certifies  that  on  the  2d 
day  of  the  present  month  of  April  he  received  the  following  authori- 
zation by  telegraphic  cable  from  the  Tsung-li-Yamen. 

"Canton  Hankow  Railway  loan  this  day  sanction  by  decree  (from 
the  Throne).  The  preliminary  contract  you.  Minister,  authorized  to 
conclude  and  sign." 

27938-04 17 


258     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

The  undersigned  further  certifies  that  on  the  15th  day  of  the  present 
month  he  informed  the  Imperial  Chinese  Government  by  cable  that  he 
had,  in  accordance  with  its  authorization,  signed  the  contract  for  said 
railway,  with  the  agent  of  the  American  China  Development  Company 
of  the  details  of  which  the  undersigned  had  advised  it,  and  that  on  the 
19th  day  of  the  present  month  the  undersigned  received  a  cablegram 
from  His  Excellency  Sheng,  duly  empowered,  Director-General  of 
Imperial  Railways,  ratifying  the  action  of  the  undersigned  as  follows: 
'^Contract  signed.  Am  glad  and  grateful.  Urge  Company  to  send 
out  agent  promptly." 

In  testimony  of  the  same  I  sign  and  seal  this  28th  day  of  April, 
1898. 

Wu  Ting-Fang,     [seal.] 
Envoy  Extrdordinary  and  Minister  Plenipotentiary  of  China. 


Whereas,  by  an  agreement  entered  into  this  day,  the  American 
China  Development  Company  have  agreed  to  provide  a  loan  for  the 
construction  of  a  railway  from  the  City  of  Hankow  to  the  City  of 
Canton,  China,  and 

Whereas,  coal  is  one  of  the  necessary  articles  to  be  used  for  work- 
ing the  said  railway  after  its  completion,  now,  therefore,  it  is  hereby 
resolved  that  as  soon  as  the  said  Chinese  Railway  Company  shall  have 
obtained  concessions  from  the  Government  to  open  and  work  coal  on 
territory  adjacent  to  the  said  railway  they  will  authorize  the  said 
American  China  Development  Company  and  the  said  American  China 
Development  Company  undertake  to  prospect,  open  and  work  the  said 
coal,  the  said  American  China  Development  Company  undertaking  to 
provide  all  the  funds  for  the  carrying  out  of  this  contract.  All  mat- 
ters relating  to  the  raising  of  funds,  working  of  the  mines,  distribu- 
tion of  profits  and  other  details  will  be  arranged  and  agreed  between 
the  Director-General  of  the  Chinese  Railway  Company  and  the  Amer- 
ican China  Development  Company. 

Witness  our  hands  and  seals  this  14th  day  of  April,  1898,  at  the 
,  City  of  Washington,  United  States  of  America. 

(Sgd.)  Wu  Ting-Fang,    [seal.] 

Chinese  Minister  to  the  United  States  of  America. 
Witness: 

Tmun  Yew  Chung, 

Washington^  D.  C 

American  China  Development  Company, 

By  (Sgd.)  A.  W.  Bash,  Agent,     [seal.] 
Witness: 

Thurlow  Weed  Barnes, 

New  York  City. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      259 

MEMORANDUM  OF  SUPPLEMENTAL  AGREEMENT,  BETWEEN  THE  IMPE- 
RIAL CHINESE  RAILWAY  ADMINISTRATION  UNDER  IMPERIAL  SANCTION 
AND  THE  AMERICAN  CHINA  DEVELOPMENT  COMPANY  OF  THE  UNITED 
STATES  OF  AMERICA  FOR  THE  ACQUISITION  OF  A  LOAN  FOR  THE 
CONSTRUCTION    OF  A  LINE  OF  RAILWAY   FROM    HANKOW  TO   CANTON. 

This  Supplemental  Agreement  is  made  in  the  26th  year  of  Kwang 
Su,  Sixth  month  and  seventeenth  day,  corresponding  to  thirteenth 
day  of  July,  1900,  at  Washington,  and  the  contracting  parties  are: 

The  Director  Genei'al  of  the  Imperial  Chinese  Railway  Administra- 
tion Sheng  (to  be  called  herein  the  Director  General),  acting  under 
authority  of  an  Imperial  Decree  and  the  Imperial  Chinese  Railway 
Administration  (to  be  called  herein  the  Railway  Administration)  of 
the  one  part;  and 

The  American  China  Development  Company  of  the  United  States 
of  America  (to  be  called  herein  the  American  Company),  of  the  other 
part; 

Whereas,  the  main  Agreement  was  signed  at  Washington  by  H.  E. 
Wu  Ting-fang,  Minister  and  Envoy  Plenipotentiary  of  the  Imperial 
Chinese  Government  on  the  24th  day  of  the  third  moon  of  the  24th 
year  of  Kwang  Su,  corresponding  to  the  14th  day  of  April,  1898, 
under  the  due  sanction  of  an  Imperial  Decree  as  transmitted  by^  the 
telegram  of  Tsungli  Yamen  under  date  of  the  12th  day  of  the  third 
moon  of  the  24th  year  of  Kwang  Su,  corresponding  to  the  2nd  day  of 
April,  1898,  and  also  signed  by  A.  W.  Bash,  agent  of  the  American 
Company  in  Washington,  and  subsequently  adopted  by  the  said  Com- 
pany on  the  22nd  day  of  April,  1898;  and, 

Whereas,  a  preliminary  survey  as  provided  for  in  said  main  agree- 
ment has  been  made  and  a  map  showing  the  results  of  the  same  has 
been  presented  to  and  approved  by  H.  E.  Sheng;  and. 

Whereas,  the  said  survey  discloses  that  the  work  of  construction 
will  cost  more  than  originally  contemplated;  and, 

Whereas,  a  supplemental  agreement  has  thus  become  necessary  to 
provide  for  such  additional  money  and  for  other  details; 

Now,  therefore,  for  this  and  other  purposes,  it  is  agreed, 

Article  1:  It  is  originally  stipulated  in  Articles  1  and  2  of  the 
Main  Agreement  that  the  loan  for  the  Canton-Hankow  line  is  to  be 
for  not  less  than  £4,000,000,  the  same  to  be  calculated  in  American 
Gold,  but  that  if  this  sum  is  not  suflScient,'  it  may  be  increased  and 
more  borrowed. 

Imperial  Chinese  Government  Bonds  are  to  be  issued  for  the  entire 
sum  similar  to  the  Bonds  of  recent  Chinese  loans  with  the  railway  as 
first  mortgage  security  therefor,  but  without  pledging  the  Customs  as 
guarantee. 

Inasmuch  as  the  actual  amount  of  the  present  loan  could  be  only 
decided  by  the  estimates  of  the  Engineer-in-Chief  made  after  survey 


260     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

and  now  that  a  preliminary  survey  has  been  made  and  on  account  of 
the  extensions  of  the  Ping  Hsiang  and  San  Shui  lines  being  included 
in  the  estimates,  as  also  on  account  of  the  unexpected  physical  difficul- 
ties which  are  now  disclosed  and  which  render  the  work  of  construc- 
tion more  laborious  and  expensive  than  was  at  first  contemplated,  it  is 
Hereby  agreed  that  the  amount  of  the  Gold  Bond  Loan  should  be 
liberally  estimated  and  that  a  sum  of  40,000,000  dollars,  American 
Gold,  will  be  required  for  building  and  equipping  the  Railwa3\ 

The  American  Company  is  hereby  authorized  to  sell  or  hypothecate 
the  bonds  of  such  loan  from  time  to  time  as  money  is  needed  for  the 
work  or  as  the  money  market  will  allow.  But  the  provisions  of  the 
1st  and  2nd  Articles  of  the  Main  Agreement  must  be  followed  in  that 
instalments  of  so  much  at  one  time  shall  be  paid  in  when  interest  on 
the  amount  so  paid  in  will  begin. 

The  40,000,000  dollars'  loan  is  to  be  issued  at  separate  periods  and 
in  series  not  less  than  four,  each  series  is  to  be  in  such  amount  as  the 
Engineer-in-Chief  may  determine  under  direction  of  the  Director  Gen- 
eral and  the  American  Company  in  accordance  with-  the  extent  of  the 
work  to  be  undertaken,  so  as  to  prevent  the  Chinese  Government  from 
suffering  any  undue  loss  in  interest. 

Article  2:  The  proceeds  of  this  loan  are  to  be  used  in  the  construc- 
tion and  equipment  of  the  railway  and  its  appurtenances  from  the 
City  of  Hankow  to  the  City  of  Canton. 

It  has  been  estimated  by  the  Engineer-in-Chief  that  the  distance 
from  Wuchang  to  Kwangchow  with  a  detour  to  San  Shui  is  740  Eng- 
lish miles,  the  branch  line  of  Ping  Hsiang  66  miles,  the  branch  line  of 
Yow  Chou  25  miles,  branch  line  of  Siangtan  9  miles  and  sidings  78 
miles,  or  a  total  of  918  miles. 

The  approximate  estimate  for  the  whole  work,  including  materials, 
rolling-stock  and  for  payment  of  interest  during  the  several  years' 
time  occupied  in  construction  and  for  contingencies  is,  altogether 
36,638,000  Dollars  American  Gold.  It  is  therefore  Agreed  with  the 
American  Company  to  borrow  the  nominal  sum  of  40,000,000  dollars. 
When  the  work  is  completed  and  if  there  is  then  a  surplus  in  funds 
realized  from  the  proceeds  of  the  bonds  the  said  surplus  is  to  be  at  the 
disposal  of  the  Chinese  Government  for  use  for  either  redeeming  the 
bonds  or  being  held  in  deposit  in'  banks  for  payment  to  the  American 
Company  on  account  of  interest  on  the  Bonds  or  for  the  development 
or  business  beneficial  to  the  Canton-Hankow  Railway,  all  to  be  arranged 
at  the  proper  time  between  the  Director-General  and  the  American 
Company. 

Article  3:  As  a  firm  guarantee  for  these  Bonds  issued  by  the  Chi- 
nese Government  hereunder,  the  provisions  of  the  Main  Agreement 
that  the  entire  Railway,  together  with  all  of  its  properties,  shall  be 
given  as  a  first  mortgage  security  therefor  and  be  carried  out  in 


TEEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      261 

accordance  with  the  forms  of  the  American  law  which  are  customary 
and  usual  in  such  cases.  And  it  is  hereby  Declared  that  this  Supple- 
mental Agreement  is  to  be  taken  as  a  mortgage,  as  is  customary  in 
America. 

The  provisions  of  this  Supplemental  Agreement  in  respect  of  the 
mortgage  are  to  be  construed  and  treated  as  of  the  same  purport  and 
effect  as  a  mortgage  customarily  executed  and  delivered  in  the  United 
States  to  a  Trustee,  for  the  purpose  of  securing  loans  to  and  bond 
issues  upon  railway  properties. 

It  is  further  agreed  that  if  the  financial  markets  in  the  United  States 
or  elsewhere  require  the  execution  of  another  deed  of  mortgage,  for 
the  better  protection  of  the  bonds  or  require  the  appointment  of 
another  Trustee  under  American  law,  the  American  Company  shall 
discuss  the  matter  with  the  Director  General,  who  will  arrange  the 
same  as  the  exigencies  of  the  case  may  require,  the  expense  of  the 
appointment  of  another  Trustee  in  such  case  to  be  borne  by  the  Ameri- 
can Company. 

Article  4:  According  to  Article  1  of  the  Main  Agreement,  it  is 
provided  that  the  loan  is  to  be  paid  in  instalments  from  time  to  time, 
as  the  work  shall  advance;  the  first  instalment  is  to  be  paid  as  soon 
as  the  survey  and  report  of  the  Engineer-in-Chief  of  the  American 
Company  shall  be  approved  by  the  Director  General  and  subsequent 
instalments  are  to  be  paid  from  time  to  time  as  money  may  be  needed. 

It  is  hereby  agreed  that  within  eight  months  after  this  agreement  is 
officially  signed  and  ratified,  the  American  Company  shall  pay  the 
first  instalment  to  meet  requirements  for  the  work,  whether  the  pro- 
ceeds come  from  the  sale  or  hypothecation  of  the  Bonds  or  from 
advances  made,  provided  the  appropriate  series  of  Bonds  for  the 
required  instalment  of  such  loan  shall  then  have  been  executed  and 
delivered.  If,  after  the  expiration  of  twelve  months  from  the  date  of 
ratification  hereof,  the  work  of  construction  shall  not  have  been  begun 
on  the  Main  line,  this  Supplemental  Agreement  is  to  become  null  and 
void. 

Of  the  proceeds  realized  from  the  sale  of  the  Bonds  after  deducting 
80  much  of  them  as  may  be  required  to  be  kept  in  the  United  States 
for  the  purchase  of  materials  and  payments  of  contracts  there,  such 
amounts  as  may  be  estimated  and  certified  to  by  the  Engineer-in-Chief 
to  the  Board  of  Commissioners  hereafter  mentioned  as  being  required 
for  the  construction  of  any  particular  section  of  the  Main  Line  or 
branch  lines  shall  be  ordered  by  the  Board  of  Commissioners  after 
consideration  to  be  transferred  to  Shanghai  to  be  kept  in  such  bank  or 
banks  as  may  be  mutually  agreed  upon  and  placed  to  the  credit  of  the 
construction  account  for  the  exclusive  purpose  of  building  such  section 
or  sections  of  the  Railways  herein  provided  for  under  the  supervision 
of  the  Board  of  Commissioners. 


262      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOEEA^ 

The  accounts  of  the  money  spent  from  tune  to  time  in  the  United 
States  of  America  and  of  the  money  transferred  to  the  credit  of  the 
construction  and  other  accounts  for  use  in  China  are  to  be  submitted 
to  the  Board  of  Commissioners  for  examination  and  for  report  to  the 
Director  General  for  the  information  of  the  Tsungli  Yamen  and  for 
his  further  report  to  the  Government  Bureau  of  Railways  and  Mines 
and  the  Board  of  Revenue  for  record  therein. 

Article  5:  The  date  of  the  Bonds  mentioned  in  the  2nd  Article  of 
the  Main  Agreement  and  of  the  Debentures  mentioned  in  the  6th 
Aiiiicle  of  the  same  Agreement  shall  be  of  even  date  with  this  Supple- 
mental Agreement.  Interest  shall  begin  to  run  upon  the  bonds  only 
from  the  date  of  their  respective  sales  and  deliveries  to  the  public  and 
due  adjustment  of  such  interest  will  then  be  made  with  the  respective 
purchasers  for  any  fractional  period  of  time  thereafter  covered  by  the 
coupon  next  maturing.  For  the  purpose  of  such  adjustment  the  then 
current  interest  may  be  reckoned  from  the  nearest  first  or  fifteenth 
day  of  the  month  in  which  the  sale  and  delivery  occurs,  as  the  case 
ma}'^  be. 

Coupons  which  have  therefore  matured  are  to  be  cancelled  and 
delivered  to  the  Chinese  Minister  in  Washington  for  transmission  to 
.  the  Railway  Administration. 

As  to  the  f  oiTO  of  the  Bond,  it  is  to  be  agreed  upon  by  the  Dirctor 
General  or  by  the  Chinese  Minister  in  Washington,  and  the  American 
Company  at  the  same  time  as  this  Supplemental  Agreement  is  signed, 
but  if  hereafter  the  money  markets  in  New  York  or  other  countries 
require  the  modification  of  the  form  of  the  Bond,  except  in  anything 
that  affects  the  amount  of  the  Loan,  the  rate  of  interest,  the  period  of 
the  Loan  and  the  liability  of  the  Chinese  Government,  which  are  not 
to  be  touched  at  all,  such  modifications  may  be  made  to  meet  the  views 
of  the  money  markets  by  the  American  Company^  in  consultation  with 
the  Chinese  Minister  in  Washington. 

Any  such  modifications  are  to  be  at  once  reported  by  the  American 
Company  to  the  Director  General  for  the  information  of  the  Tsungli 
Yamen. 

The  Bonds  and  the  American  debentures  are  to  be  engi-aved  entirely 
in  the  English  language  and  shall  bear  the  facsimile  of  the  signature  of 
the  Director  General  and  of  his  Seal  of  OflSce,  in  order  to  dispense 
with  the  necessity  of  signing  them  all  in  person,  as,  owing  to  the  dis- 
tance being  great  and  the  bonds  numerous,  the  transmission  of  same 
is  difficult.  But  the  Chinese  Minister  in  Washington  is  to  sign  each 
of  the  Bonds  and  Debentures  and  put  his  Seal  thereon,  as  a  proof  that 
the  issue  and  sale  of  these  Bonds,  as  well  as  the  Debentures,  are  duly 
authorized  by,  and  binding  upon,  the  Chinese  Government. 

Such  Bonds  or  American  Debentures  are  to  be  numbered  consecu- 
tively and  as  many  Bonds  or  Debentures,  whether  American  or  Chinese, 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      263 

as  may  be  needed,  are  to  be  properly  engraved  under  the  supervision 
of  the  American  Company. 

The  annual  rate  of  interest  for  the  Bonds  is  five  per  cent. ,  according 
to  the  amount  of  their  respective  face  value,  to  begin  as  herein  pro- 
vided; such  interest  is  to  be  paid  in  American  Gold. 

The  first  mortgage  bonds  of  the  railways  to  be  built  under  the  pro- 
visions of  this  Supplemental  Agreement   are,  as  soon  as  they  are 
engraved  and  signed  and  sealed  by  the  Chinese  Minister  in  Washing 
ton  as  hereinbefore  provided,  to  be  countersigned  by  the  American 
Company. 

The  Chinese  Minister  in  Washington  and  the  American  Company 
are  to  agree  upon  the  selection  of  a  proper  Trust  Company  or  Safe 
Deposit  in  New  York  to  keep  these  bonds,  subject  to  the  needs  and 
requirements  of  the  American  Company,  so  as  to  enable  it  during  the 
progress  of  construction  to  sell  these  Bonds  in  separate  lots  from  time 
to  time,  or  hypothecate  the  same  in  order  raise  money  to  pay  for  the 
work  of  constructing  and  equipping  any  sections  of  the  Main  line,  or 
any  of  the  branch  lines  as  may  have  been  approved  of  by  the  Director 
General. 

It  is  also  agreed  that  the  charge  for  the  safe  deposit  of  the  Bonds  is 
to  be  paid  from  the  general  accounts  of  the  railway;  beyond  this,  all 
expenses  for  the  sale  of  the  Bonds  and  such-like,  are  to  be  borne  by 
the  American  Company. 

It  is  likewise  agreed  that  the  American  Company,  for  the  purpose 
of  raising  funds  for  the  construction  and  equipment  of  the  railway, 
may,  at  any  time  notify  in  writing  the  Trust  or  Safe  Deposit  Company ' 
with  whom  the  bonds  are  deposited,  to  withdraw  therefrom  the  num- 
ber of  bonds  they  may  require  and  thereupon  the  Trustor  Safe  Deposit 
Company  simultaneously  with  any  such  withdrawal  and  delivery  or 
deliveries  of  the  same  to  the  American  Company,  shall  forthwith 
notify  the  Chinese  Minister  in  Washington,  and,  in  his  absence,  the 
Chinese  Legation  of  the  respective  withdrawals  and  deliveries  while, 
at  the  same  time,  the  American  Company  is  similarly  to  notify  the 
Director  General  with  the  object  of  enabling  him  to  report  thereon  to 
the  Tsungli  Yamen  and  the  Government  Bureau  of  Railways  and 
Mines  and  the  Board  of  Revenue. 

The  amount  of  the  first  mortgage  bonds  in  the  sum  of  40,000,000 
Dollars  is  thus  fixed  in  pursuance  of  the  provisions  of  the  Main  Agree- 
ment for  the  purpose  of  constructing  and  equipping  (in  accordance 
with  the  survey  and  estimates  of  the  Engineer-in-Chief  as  approved 
by  the  Director  General),  the  main  line  of  the  Canton-Hankow  Rail- 
way and  of  meeting  the  requirements  for  the  performance  of  all  mat- 
ters provided  for  in  these  Agreements;  but  if,  for  the  purpose  of 
building  any  branch  lines  or  the  extension  of  the  Main  Line,  which 
may  hereafter  be  requested  by  the  American  Company  and  for  which 


264     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

the  Imperial  approval  shall  have  been  already  obtained  through  the 
Director  General,  more  funds  are  needed,  a  further  issue  of  Bonds 
may  be  made;  estimates  for  such  branch  lines  and  extensions  shall  be 
reported  by  the  Board  of  Conmiissioners  to  the  Director  General  for 
approval. 

On  the  face  of  these  first  mortgage  bonds  shall  be  expressed  the 
value  thereof  in  the  sum  of  600  Dollars  or  1,000  Dollars  gold,  or  in 
such  different  amounts  as  the  Chinese  Minister  at  Washington  may 
sanction. 

The  Chinese  Ministers  residing  in  any  foreign  countries  shall  com- 
ply with  any  request  for  the  issuance  of  any  certificates  for  the  veri- 
fication of  these  Bonds  and  answer  any  relevant  inquiries  that  may  be 
made  in  regard  to  them,  for  the  information  of  the  money  markets  in 
order  to  insure  a  better  sale  of  the  bonds. 

It  is  further  agreed  in  accordance  with  the  provisions  of  the  2nd 
Article  of  the  Main  Agreement  that  the  Railway  which  is  to  be  built 
according  to  the  estimates  of  the  Engineer-in-Chief ,  together  with  all 
its  appurtenances,  shall  be  and  is  hereby  given  as  a  guarantee  under 
first  mortgage  as  hereinbefore  provided  for  the  payment  of  principal 
and  interest  of  the  Loan  at  maturity  thereof. 

If  any  of  the  Bonds  and  Debentures  are  lost  or  destroyed,  a  re-issue 
of  any  thereof  is  to  be  made  in  the  amounts  respectively  called  for  by 
such  lost  or  destroyed  bonds  or  debentures,  but  proper  proof  of  the 
loss  or  destruction  must  be  given  in  the  usual  form  to  the  American 
Company  and  the  Chinese  Minister  in  Washington  for  examination 
'and  record,  and  the  requisite  guarantee  is  to  be  obtained  by  the  Ameri- 
can Company  from  the  respective  claimants  concerned. 

It  is  likewise  agreed  that  an  additional  issue  of  bonds  to  the  extent 
of  not  exceeding  2,600,000  Dollars  Gold  may  be  made  in  such  series  as 
may  be  required  for  the  purchase  of  lands  for  the  railway,  in  addition 
to  the  amount  which  the  Engineer-in-Chief  has  already  included  in  his 
estimates  for  the  termini  he  has  surveyed  in  Canton  and  in  Wuchang 
and  exclusive  of  what  the  Chinese  Railway  Administration  may  pro- 
vide from  its  own  resources  for  the  purpose. 

The  bonds  of  these  additional  issues  referred  to  in  this  article  are  to 
be  sold  under  the  same  conditions  and  treated  in  the  same  manner  as 
the  Bonds  mentioned  in  Article  1  of  this  Agreement,  and  with  the 
same  guarantee  and  mortgage  security. 

Article  6:  The  Director  General  shall,  as  far  as  may  be  conveniently 
practicable,  use  the  present  office  of  the  Railway  Administration  as 
the  place  for  the  Chief  Office  of  the  business  of  the  Railway  and  when 
the  work  of  construction  is  ready  to  begin,  the  Director  Genei*al  shall, 
in  accordance  with  the  provisions  of  the  6th  Article  of  the  Main 
Agreement  for  the  creation  of  a  Bureau  or  Department  analogous  to 
that  for  the  Chinese  Imperial  Maritime  Customs,  appoint  a  Board  for 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.   265 

Supervising  the  construction  and  ©"peration  of  the  railway,  to  be  called 
the  Board  of  Commissioners,  which  shall,  as  far  as  may  be  conveniently 
practicable,  be  located  in  the  building  of  the  Chinese  Railway  Admin- 
istration for  the  greater  convenience  of  transacting  business;  the 
members  thereof  shall  be  five,  of  whom  two  are  to  be  Chinese  selected 
and  appointed  by  the  Director  General;  and,  besides  the  Engineer-in- 
Chief ,  there  shall  be  two  Foreign  members  selected  and  appointed  by 
the  American  Company.  The  salaries  of  these  five  members  are  to  be 
fixed  by  the  Director  General  and  the  American  Company  and  to  be 
paid  from  the  general  accounts  of  the  Railway.  In  case  of  disagree- 
ment between  the  Chinese  and  Foreign  membei-s,  the  matter  shall  be 
referred  to  the  Director  General  and  the  Agent  of  the  American  Com- 
pany resident  in  China  for  adjustment  in  an  amicable  way. 

The  appointments  and  functions  of  all  the  employees  of  the  Railway, 
Chinese  and  foreigners,  with  the  exception  of  the  Engineer-in-Chief , 
who  shall  be  nominated  by  the  American  Company  and  approved  by 
the  Director  General,  as  well  as  their  salaries,  including  those  of  the 
officials  of  high  rank  referred  to  in  the  following  paragraphs,  are  to 
be  made  and  fixed  by  the  Board  of  Commissioners  and  reported  to  the 
Director  General.  In  the  case  of  important  appointments,  the  same 
shall  first  be  reported  to  the  Director  General  by  the  Chinese  members 
of  the  Board.  As  the  progress  of  the  construction  reaches  any  par- 
ticular province  the  appointment  under  Imperial  Sanction  of  a  Chinese 
Official  of  high  rank  shall  be  made  in  such  province  by  the  Director 
General  for  facilitating  the  settlement  of  any  local  matters  with  the 
provincial  government  concerned. 

For  the  service  of  the  Railway  any  Chinese  of  Official  rank  and 
competent  for  the  work  may  be  recommended  by  the  Board  of  Com- 
missioners to  the  Director  General  for  employment  under  the  formal- 
ity of  a  letter  of  appointment. 

For  the  important  offices  of  the  Railway,  foreigners'  of  abilit}^  and 
experience  shall  be  employed.  In  .the  Engineering  and  Traffic 
Departments  competent  Chinese  may  also  be  employed;  and  all 
employees,  whether  Chinese  or  foreigners,  if  incompetent  in  their 
work  or  unsatisfactory  in  their  behavior,  may  be  dismissed  at  any 
time  by  the  Board  of  Commissioners  and  reported  to  the  Director 
General.  The  Chinese  and  foreign  members  of  the  Board  when  sick, 
or  absent,  may  be  represented  at  the  Board  by  available  substitutes, 
and  in  the  case  of  the  Chinese  members,  the  substitutes  must  be 
approved  by  the  Director  General,  and  in  case  of  the  foreign  mem- 
bers, by  the  American  Company. 

The  School  for  the  education  of  the  Chinese  in  the  construction  and 
operation  of  railways  shall  be  left  to  the  Board  of  Commissioners  to 
carry  out,  subject  to  report  to,  and  approval  by,  the  Director  General. 


266     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

The  accounts  of  the  disbursements  and  receipts  of  the  Railway  are 
to  be  kept  by  a  Chief  Accountant,  whose  recoixis  and  books  are  at  all 
times  open  to  the  inspection  and  examination  of  the  Board  of  Com- 
missioners. All  the  accounts  of  the  Railway  construction  and  opera- 
tion in  China  are  to  be  kept  in  Shanghai  currency  in  the  Chinese  and 
English  languages,  with  the  combined  signatures  of  a  Chinese  and  a 
foreign  official.  The  staff  of  the  Chief  Accountant's  Department  shall 
be  composed  of  Chinese  and  foreigners,  who  must  be  satisfactory  and 
reliable  men. 

Article  7:  Under  the  provisions  of  Article  2  of  the  Main  Agree- 
ment the  properties  covered  by  the  first  mortgage  security  hereby 
created  consist  of  the  Railwa}^  its  property  and  equipment;  said  mort- 
gage to  be  executed  b}^  a  deed  in  the  usual  form  as  contemplated  by 
Paragraphs  1  and  2  of  Article  3  hereof.  But  subject  to  the  mortgage 
and  guarantee  thus  given  by  the  Chinese  Government,  it  is  hereby 
declared  that  this  Railway  is  in  fact  a  Chinese  property.  All  the 
lands  that  may  be  required  for  the  Canton-Hankow  line,  as  also  for 
its  future  extensions  and  branch  lines,  as  approved  by  the  Director 
General,  and  for  the  double-track  sidings,  stations,  repairing  shops 
and  car  sheds  to  be  provided  in  accordance  with  the  detailed  plans  now 
made  or  hereafter  to  be  made  by  the  Engineer-in-Chief,  and  approved 
by  the  Director  General,  shall  be  acquired  by  the  Railway  Adminis- 
tration, whether  in  whole  or  in  part,  according  to  the,  means  at  its  dis- 
posal at  the  actual  cost  price  of  the  same. 

The  titles  to  the  rights-of-way  for  the  track  and  of  all  other  lands 
shall  be  free  from  all  encumbrances  or  entanglements  and  shall  from 
time  to  time,  as  soon  as  secured,  be  registered  in  the  name  of  the 
Railway.  ' 

For  such  money  as  may  be  provided  by  the  Chinese  Railway  Admin- 
istration for  the  purchase  of  the  rights-of-way  and  all  the  needed 
lands,  there  shall  be  allowed  yearly  interest  at  six  per  cent,  per  annum 
upon  the  cost  of  the  land,  to  be  paid  by  the  Railway  after  the  fixed 
charges  and  maintenance  and  the  interest  of  five  per  cent,  on  the 
Bonds  shall  have  been  met. 

It  is  further  agreed  that  the  price  of  the  land  bought  by  the  Chinese 
Railway  Administration  shall  be  reasonable  and  of  the  actual  cost. 

Such  lands  are  to  be  purchased  by  the  Railway  Administration  from 
time  to  time,  as  required,  in  conformity  with  the  surveys  heretofore 
or  hereafter  to  be  made  by  the  Engineer-in-Chief  or  his  assistants, 
under  the  instructions  and  subject  to  the  approval  of  the  Director 
General.  Current  reports  of  those  purchases  (together  with  the 
appropriate  title  deeds  of  the  same)  are  to  be  transmitted  by  the  Rail- 
way Administration  imder  the  direction  of  the  Director  General  to 
the  local  Agent  of  the  American  Company,  for  record  and  preserva- 
tion in  its  office  in  Shanghai,  and  for  the  purposes  of  establishing  the 


TREATIES  AND  OONVENTIONB  WITH  CHINA  AND  KOREA.      267 

first  mortgage  security  (and  thereafter  for  return  to  the  Railway 
Administration),  as  hereinafter  in  this  Article  generally  provided  in 
respect  of  railway  lands  and  properties,  it  being  understood  that  no 
purchases  of  considerable  bodies  of  land,  on  ac(jount  of  the  railway, 
esi)ecially  outside  of  the  survey  limits — as  above  indicated — will  be 
sought  to  be  made  without  previous  conference  thereon  between  the 
Director  General  and  the  Agent  of  the  American  Companj-  in  China. 

If  the  American  Company  are  hereafter  called  upon  to  provide  the 
means  in  whole  or  in  part  for  the  purchase  of  the  lands  and  rights-of- 
way  required  for  the  Railway  (and  in  the  event  that  the  Railway  Admin- 
istration do  not  make  such  purchase  at  their  own  expense),  they,  the 
American  Company,  will  not  be  expected  to  make  any  final  payments 
for  such  lands  or  rights-of-way  before  the  same  have  been  surveyed 
and  staked-out  by  the  Engineer-in-Chief  or  his  authorized  deputy  and 
the  titles  thereto  or  sufficient  agreements  to  secure  and  convey  such 
titles  (for  a  continuous  strip  of  land  not  exceeding  100  feet  in  width 
between  the  respective  termini  of  the  railway,  besides  the  necessary 
station  grounds),  shall  have  been  duly  secured  on  behalf  of  the  Rail- 
way by  the  Railwaj'  Administration  or  Imperial  Government  and  have 
been  duly  lodged  for  safe  keeping  with  the  Agent  of  the  American 
Company. 

The  amount  to  be  paid  by  the  Chinese  Railway  Administration  for 
an}^  land  exclusive  of  the  terminals  the  Engineer-in-Chief,  has  already 
allowed  for  in  his  original  estimates,  shall,  altogether,  not  exceed  the 
sum  of  2,500,000  Dollars  Gold,  for  which  yearly  interest  at  the  rate  of 
six  per  cent,  shall  be  allowed  to  the  Railway  Administration  from  the 
receipts  of  the  Railway.  These  lands  maybe  paid  for  in  railway  obli- 
gations to  be  known  as  ''  Rights-of-way  Scrip,"  which  shall  receive  the 
above  six  per  cent,  interest.  Full  and  detailed  records  of  all  such  scrip- 
issues  and  of  the  purpose  for  which  the  same  are  issued  are  to  be  kept 
by  the  Railway  Administration,  subject  to  inspection  of  the  Board  of 
Commissioners  with  proper  provision  for  the  annual  registration  of 
interest  payments  made  thereon. 

It  is  further  agreed  that  if  the  American  Company  is  called  upon 
to  provide  means  for  the  acquisition  of  the  lands,  whether  by  the  sale 
of  bonds,  or  by  advances  from  other  sources,  the  Chinese  Government 
guarantees  to  procure  and  protect  all  the  lands  that  are  required  for 
the  rights-of-way  for  the  purpose  of  enabling  continuous  construction 
from  both  ends  and  the  same  shall  be  as  speedily  bought  as  possible, 
according  to  the  plans  and  survevs  submitted  by  the  Engineer-in- 
Chief. 

The  title-deeds  of  all  such  lands  shall,  as  soon  as  bought,  be  made 
out  in  the  name  of  the  Railway  and  given  over  to  the  custody  of  the 
Agent  of  the  American  Company,  according  to  the  provisions  of  this 
Supplemental  Agreement. 


268     TKEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

It  is  also  agreed  that  the  lands  thus  bought,  whether  from  Chinese 
or  American  advances,  shall  be  free  from  all  entanglements  arising 
from  removals  of  graves  or  from  prejudices  of  Fengshui  and  shall  be 
conveyed  by  full  and  suflScient  deeds  of  title  and  deeds  of  assign- 
ment, according  to  Chinese  law,  all  of  which  are  to  be  kept  and 
recorded  in  the  Shanghai  oflBce  of  the  American  Company  and  be  held 
by  it  as  a  first  mortgage  security  for  the  Bonds  under  the  provisions 
of  this  Supplemental  Agreement,  until  such  time  as  principal  and 
interest  of  the  bonds,  together  with  all  foreign  indebtedness  shall  have 
been  paid  off  and  the  same  shall  then  be  returned  to  the  Chinese 
Railwaj^  Administration. 

For  the  proper  protection  of  the  first  mortgage  security,  the  Chinese 
Government  (according  to  the  provisions  of  the  Main  Agreement), 
undertakes  that  until  the  bonds  shall  have  been  redeemed  and  the 
yearly  interest  thereon  shall  have  been  settled  up  and  the  net  profits 
due  on  the  American  Debentures  shall  have  been  paid,  no  part  of  the 
lands  comprised  in  the  mortgage  security,  or  of  the  railway  with  all 
it  appurtenances  shall  be  transferred  or  given  to  another  party  or  shall 
be  injured  or  the  rights  of  the  first  mortgage  in  any  way  impaired.  It 
is  likewise  agreed  that  until  the  principal  and  interest  of  the  loan  and 
all  indebtedness  shall  have  been  paid  off  or  unless,  with  the  express 
consent  in  writing  of  the  American  Company,  the  Chinese  Govern- 
ment or  the  Chinese  Railway  Administration  shall  not  again  mortgage 
the  above  properties  to  another  party,  whether  Chinese  or  foreign. 
During  the  period  of  this  Agreement  no  taxes  shall  be  levied  by  the 
Chinese  Government  on  the  Railway  and  its  appurtenances,  nor  on  the 
receipts  and  disbursements  of  the  same,  or  on  the  funds  required  for 
the  payment  of  the  Bonds  and  Coupons,  or  held  in  reserve  for  the 
purposes  of  the  Railway. 

It  is  also  agreed  that  if  the  semi-annual  interest  of  the  first  mortgage 
bonds  is  not  paid  on  a»y  due  date  thereof,  or  if  the  principal  of  the 
loan  remains  unpaid  at  maturit}'^  of  the  same,  the  whole  Railway  with 
all  its  appurtenances  herein  mortgaged  to  the  American  Company  for 
the  bondholders,  shall  be  handed  over  to  the  American  Company  to  be 
dealt  with  by  it  according  to  law  in  such  manner  as  will  insure  the 
proper  protection  of  the  interest  of  the  bondholders.  When  the 
whole  loan  and  the  interest  due  thereon  and  all  indebtedness  shall  have 
been  paid  off,  the  railway,  with  all  its  appurtenances,  in  good  working 
condition,  shall  revert  to  the  possession  and  management  of  the 
Chinese,  according  to  the  provision  of  the  Main  and  Supplemental 
Agreement. 

Article  8:  The  surveys  and  plans  heretofore  made  by  the  Engineer- 
in-Chief  having  been  of  a  preliminary  nature,  it  is  Understood  and 
Agreed  that  as  soon  as  the  railway  is  about  to  be  constructed  and 
before  the  construction  of  any  section  thereof  is  begun,  a  further  and 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      269 

final  survey  is  to  be  made  of  the  section  or  sections  concerned,  wherever 
the  same  is  necessary.  In  such  case  detailed  plans  and  estimates  of 
cost,  whether  of  the  respective  sections  of  the  main  line,  or  of  any 
extensions,  branches  or  alterations  of  the  same,  are  to  be  submitted  to 
the  Board  of  Commissioners  for  the  approval  of  the  Director  General 
in  the  same  manner  as  heretofore  observed  in  the  case  of  the  preliminary 
survey. 

Article  9:  It  is  provided  in  the  4th  Article  of  the  Main  Agreement 
that  all  materials  shall  be  purchased  in  the  open  market  at  the  lowest 
prices  obtainable;  that  products  of  the  Hankow  Iron  Works  and 
Chinese  materials  are,  wherever  practicable,  to  be  preferred;  that 
beyond  the  remuneration  mentioned  in  the  preceding  part  of  that 
Article,  there  shall  be  no  commission  allowed.  All  these  stipulations 
in  the  Main  Agreement  are  to  be  observed.  But,  as  to  the  point  of 
purchasing  in  the  open  market  of  all  materials,  the  Director  General 
shall  have  the  right  to  exact  that  all  such  materials  shall  be  of  good 
and  satisfactory  quality. 

All  trade  discounts,  or  rebates,  if  any,  are  to  go  to  the  Construction 
Account. 

Article  10:  In  Article  3  of  the  Main  Agreement,  it  is  provided 
that  in  the  construction  of  the  trunk  line  or  branch  lines  in  the  opera- 
tion of  the  Railway  and  in  the  performance  of  the  diflferent  kinds  of 
business  connected  with  the  Railway  no  interference  or  obstruction 
by  the  Chinese  or  foreigners  will  be  permitted,  &c.  The  foregoing  is 
understood  to  mean  that  not  only  the  Chinese  Government  is  specially 
requested  to  provide  protection  for  the  Main  line  and  branch  lines, 
whether  while  in  construction  or  in  operation,  but  also,  that  the  prop- 
erties of  the  Railway  and  combined  enterprises  of  the  Chinese  Admin- 
istration and  American  Company,  as  also  the  Chinese  and  foreigners 
employed  therein,  are  to  enjoy  the  utmost  protection  from  the  local 
ofiScials,  civil  and  military,  in  the  Provinces  through  which  the  rail- 
way shall  pass,  particularly  on  occasions  of  local  disturbances  and  of 
obstructions  by  natives.  The  Board  of  Commissioners  are  authorized 
to  maintain  a  railway  police  of  Chinese,  with  Chinese  and  foreign 
oflBcers  for  the  protection  of  the  railway  along  the  line  and  the  prop- 
erties of  the  same.  Their  wages  and  maintenance  are  to  be  wholly 
defrayed  by  the  railway.  In  the  event  that  the  railway  may  require 
further  protection  by  the  military  forces  of  the  Imperial  Government 
or  by  those  of  the  Provinces  concerned,  the  same  will  be  duly  requested 
by  the  Director  General  and  promptly  afforded,  it  being  Understood 
that  such  military  forces,  although  freely  transported  by  the  railway, 
are  to  be  maintained  at  the  expense  of  the  Government  or  Province, 
as  the  case  may  be. 

Article  11:  What  is  stipulated  in  Article  7  of  the  Main  Agreement 
with  reference  to  the  signalling  service  of  the  railway  is  understood 


270     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

to  mean  the  telephones  and  telegraphs  that  are  required  for  the  work- 
ing the  Main  and  branch  lines. 

These  are  exclusively  to  be  for  the  use  of  the  Railway  only  and  are 
not  to  interfere  with  the  business  of  the  Telegraph  Administration. 

Hereafter,  if  any  enterprises  shall  be  desired  that  may  be  of  benefit 
to  the  Chinese  Government  and  adjunct  to  the  business  of  the  railway, 
or  contributary  to  the  support  of  the  Railway  and  beneficial  for  the 
development  of  the  traffic  of  the  same,  such  as  steam-ferries,  ware- 
houses, and  the  like,  or  other  than  the  usual  railway  work  and  repair 
shops,  the  American  Company  shall  be  permitted  at  all  times  to  discuss 
with  the  Director  General  for  the  devisement  of  means  to  carry  these 
enterprises  into  effect. 

Article  12:  According  to  Article  6  of  the  Main  Agreement  the 
form  of  the  net  profit  sharing  debentures  is  to  be  agreed  upon  between 
the  Director  General  or  the  Chinese  Minister  at  Washington  and  the 
American  Company. 

These  American  Debentures  carry  no  fixed  interest;  they  are  to 
have  a  term  of  fifty  years  and  a  declared  face  value  of  500  or  1,000 
Dollars  each,  and  also,  are  to  be  issued  to  the  American  Company  at 
the  same  time  as  the  first  mortgage  bonds,  and  in  amounts  proportion- 
ate to  the  respective  series  of  such  bonds  to  the  amount  of  one-fifth 
of  the  aggregate  thereof.  And  it  is  Understood  that  if,  hereafter, 
there  is  an  issue  of  the  first  mortgage  bonds  in  excess  of  the  require- 
ments of  the  railway,  and  such  excess  is  retired  or  cancelled,  a  like 
proportion  of  American  Debentures  shall  likewise  be  subject  to  retire- 
ment or  cancellation. 

Before  the  expiration  of  the  term  of  fifty  years,  the  Chinese  Admin- 
istration shall  have  the  right  to  redeem  the  American  Debentures  at 
their  face  value.  After  the  expiration  of  fifty  years  the  American 
Debentures  shall  be  null  and  void.  But  if  any  net  profits  shall  have 
accrued  on  such  debentures  prior  to  their  redemption  or  maturity, 
said  accrued  net  profits  must  be  paid  before  the  same  are  cancelled. 

The  Chinese  Railway  Administration  is  entitled  to  issue  and  receive 
like  net  profit  sharing  Debentures  (to  be  in  form  appropriate  for  use 
in  China  and  unlimited  in  their  term,  as  also  without  redemption 
features),  to  an  amount  equal  to  the  remaining  four-fifths  of  such 
total  first  mortgage  bond  loan.  These  Chinese  Debentures  may  be 
issued,  in  whole,  or  in  part,  whenever  desired  by  the  Director  Gen- 
eral, but  the  net  profits  will  be  retained  and  used  by  the  Railway 
Administration  for  the  purpose  of  accumulating  a  fund  to  be  derived 
from  such  share  of  net  profits  as  may  accrue  thereon  wherewith  to 
pay  off  any  first  mortgage  bonds  which  may  from  time  to  time  be 
redeemed  under  the  provisions  of  this  Agreement,  or  for  generally 
reducing  or  ultimately  discharging  I'ailway  loan  obligations  whenever 
desirable,  by  means  of  the  profits  of  the  Railway.     But  such  Chinese 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      271 

Debentures  may,  however,  be  used  in  part  by  the  Railway  Adminis- 
tration, if  necessary,  in  payment  for  rights-of-way  or  other  lands 
which  are  essential  to  the  Railway  and  which  cannot  otherwise  be 
conveniently  acq.uired  by  it. 

The  yearly  income  of  the  Railway  shall  be  subject  to  a  deduction  of 
all  working  expenses,  cost  of  maintaining  and  repairing  the  Railway, 
the  renovation  or  replenishment  of  engines  and^  rolling-stock,  and  all 
expenditures  connected  with  the  business  of  the  Railway  and  subject 
to  the  payment  of  the  interest  on  the  Bonds  at  5  per  cent,  per  annum 
(and  of  interest  at  six  per  cent,  per  annum  on  the  cost  of  the  land  pro- 
vided by  the  Chinese  Administration,  or  provided  by  an  advance  by 
the  American  Company);  whatever  is  left  of  the  gross  income  is  con- 
sidered to  be  net  profits,  of  which  one-fifth  is  to  be  given  for  division 
vro  rata  among  the  holders  of  the  American  Debentures. 

The  American  Company  are  hereby  appointed  the  Trustee  for  the 
purpose  of  the  issue  of  the  Bonds  and  the  American  Debentures  and 
the  registration  and  the  redemption  of  the  same,  as  also  of  the  paying 
of  the  interest  on  the  Bonds  and  the  distribution  of  net  profits  and  such 
other  duties  as  appertain  to  a  Trustee. 

If  the  first  mortgage  gold  bonds  shall  have  been  all  redeemed, 
acxjording  to  the  provisions  of  this  Agreement,  before  the  net-profita- 
sharing  debentures  of  the  American  Company  have  been  redeemed,  or 
shall  have  lapsed  by  effluxion  of  time  the  American  Company  shall  be 
permitted  to  have  a  Representative  in  the  Railway  Office  (whose  salary 
is  to  be  paid  b}^  the  Railway  Administration)  to  inspect  the  accounts 
of  the  Railways. 

The  duties  of  this  officer  are  those  of  an  accountant,  who  is  to  protect 
the  intere^  of  the  holders  of  the  American  Debentures  until  such 
time  as  such  debentures  shall  have  all  been  redeemed  or  lapsed  by 
effluxion  of  time  when  the  further  services  of  such  accountant  shall  be 
dispensed  with. 

Article  13:  By  way  of  facilitating  the  issue  of  and  dealing  in  the 
Gold  Bonds  by  the  New  York  Bankers,  and  in  order  that  the  same 
may  find  a  market  in  London,  as  well  as  in  New  York  or  elsewhere, 
it  is  Agreed  that  the  buyers  of  the  Bonds  may  be  allowed  hereafter 
to  receive  the  interest,  either  in  American  Gold  or  British  Sterling, 
according  to  their  wish,  the  Chinese  Government  in  such  case  calcu- 
lating and  remitting  the  amount  of  the  interest  in  American  Gold,  but 
not  being  responsible  for  any  loss  or  gain  in  the  Exchange  when 
desired  by  the  Bondholders  to  be  converted  into  any  other  foreign 
currency. 

Article  14:  All  materials  of  any  kind  that  are  required  for  the  con- 
struction and  operation  of  the  Main  Line  or  branch  lines,  and  the 
adjunct  business  is  thereof,  whether  imported  from  abroad  or  from 


272     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

the  Provinces  to  the  location  of  the  works  shall  (following  the  prece- 
dent of  the  Northern  Railway),  be  exempted  from  Customs  duties  and 
Likin.  The  Bonds  of  this  Loan,  together  with  their  coupons,  deben- 
tures and  the  income  of  the  Railway,  shall  be  free  from  imposts  of  any 
kind  by  the  Government  of  China. 

As  to  the  Likin  for  freights  and  passengers  which  may  be  trans- 
ported over  the  lines  from,  to,  or  through  the  different  provinces,  the 
Director  General  will  confer  with  the  Government  Bureau  of  Mines 
and  Railways  and  the  Board  of  Revenue  for  the  devisement  of  proper 
means  to  protect  the  traflSc  of  the  Railway  and  to  protect  shippers  who 
may  utilize  the  Railway  for  the  movement  of  their  goods  from  illegal 
impositions  and  other  abuses.  If  the  arrangement  for  levy  of  Likin 
over  other  Railway  lines  in  China  is  found  to  be  more  advantageous 
than  that  of  the  railways  mentioned  in  this  Supplemental  Agreement, 
the  same  advantages  shall  be  extended  to  and  enjoyed  by  the  Canton- 
Hankow  Railway  and  by^the  shippers  who  make  use  of  the  same. 

Article  15:  It  is  Agreed  that  during  the  time  of  the  construction 
of  the  road,  the  yearly  five  per  cent,  interest  on  the  Bonds  and  of  six 
per  cent,  on  the  amount  spent  in  the  purchase  of  the  rights-of-way  is 
to  be  paid  from  the  proceeds  of  the  loan.  The  accruing  interest  from 
any  proceeds  of  the  loan  not  used  during  the  period  of  construction 
and  the  earnings  from  the  operations  of  any  sections  as  the}'^  are  built 
are  to  be  used  to  make  up  the  amount  required  for  the  payment  of  the 
said  interest  and  if  any  deficiency  remains  it  is  to  be  met  from  the 
proceeds  of  the  loan. 

When  the  construction  of  the  road  is  wholly  completed,  the  interest 
on  the  Bonds  and  rights-of-way  are  to  be  paid  from  the  earnings  of 
the  road  every  half  year,  and  the  1st  day  of  May  and»  1st  day  of 
November  of  each  jesLT  are  fixed  as  the  periods  for  those  payments. 
It  is  hereby  Agreed  that  twenty -one  days  previous  to  each  such  period 
the  Railway  Administration  will  provide  the  necessary  amount  therefor 
in  Shanghai  currency,  and  after  ascertaining  from  the  local  banks  the 
market  rate  of  Exchange  between  silver  and  gold, — ^the  amount 
required  will  be  handed  over  to  the  representative  of  the  American 
Company  in  Shanghai  for  remittance  to^  the  Banks  in  New  York,  or 
other  appropriate  places.  As  to  the  American  Debentures  for  the  net 
profits  when  there  are  profits  accruing  from  the  working  of  the  Rail- 
way the  accounts  after  adjustment  of  profit  and  loss  are  to  be  made  up 
once  every  3^ear  and  such  net  profits  (as  appear  to  be  payable  under 
the  provision  of  this  Agreement  after  the  yearly  accounts  are  thus 
made  up),  are  thereupon  to  be  handed  over  to  the  Agent  of  the  Ameri- 
can Company  for  remission  and  payment  over  to  the  holders  of  the 
American  Debentures.  The  cost  of  such  remittance  (which  is  to  be 
made  by  the  Agent  through  the  banking  agencies  that  may  be  estab- 
lished by  him  in  China  at  the  cheapest  usual  rate  of  the  local  banks), 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      273 

is  to  be  charged  to  the  general  accounts  of  the  railway,  but  nothing 
more  than  the  amount  allowed  by  the  customary  rate  is  to  be  demanded. 

The  Chinese  Government  undertakes  and  hereby  promises  to  pay 
the  interest  on  the  loan  on  the  due  dates  fixed  therefor.  If  at  any 
time  the  earnings  of  the  Railway  and  the  proceeds  of  the  loan  are  not 
sufficient  to  pay  the  interest  of  the  Bonds,  the  Railway  Administration 
is  to  devise  means  for  supplying  the  deficiency  and  should  its  inability 
to  do  so  appear  to  be  probable,  the  Director  General  will  memorialize 
the  Government  to  take  measures  to  take  up  the  deficiency  from  other 
resources,  and  thus  be  ready  to  pay  off  the  indebtedness  and  to  enable 
the  required  amount  to  be  placed  in  each  case  at  least  twenty-one  days 
previous  to  the  due  date  of  such  interest  in  the  hands  of  the  Agent  or 
other  proper  representative  of  the  American  Company  in  Shanghai. 

Article  16:  In  places  along  the  line  of  the  railway  where  the  Amer- 
ican Company  have  no  banking  agencies  or  where  they  do  not  intend 
to  establish  any  banking  agencies,  business  relations  are  to  be  culti- 
vated with  the  Chinese  Imperial  Bank  and  its  local  agencies,  it  being 
the  intention  of  the  American  Company  to  utilize  the  Imperial  Bank 
as  much  as  practicable  for  facilitating  the  movement  of  the  funds. 

Article  17:  The  object  of  making  this  Supplemental  Agreement  of 
equal  force  with  the  original  agreement  is  to  permit  of  the  benefits 
being  transmittible  by  the  American  Company  to  their  successors  or 
assigns,  but  the  Americans  cannot  transfer  the  rights  of  these  agree- 
ments to  other  nations  or  people  of  other  nationality.  It  is  further 
Agreed  that  without  the  express  consent  in  writing  of  the  Director 
General  and  the  American  Company,  no  other  rival  railway  detrimental 
to  the  business  of  the  same,  is  to  be  permitted,  and  no  parallel  roads 
to  the  Canton  Hankow  Line  are  to  be  allowed  to  the  injurj^  of  the 
latter's  interest  within  the  area  served  by  tho  Canton  Hankow  Main 
Line  or  branch  lines. 

Article  18:  If,  on  account  of  contingencies  beyond  the  control  of 
the  American  Compan}^  such  as  war  or  great  political  changes  in 
China  or  elsewhere,  occurring  before  any  issue  of  the  prospectus  of  an 
important  series  of  bonds  of  the  loan  hereby  concerned,  the  foreign 
money  markets  are  affected  or  the  construction  of  the  Railway  is  so 
obstructed  that  work  cannot  be  carried  on,  the  American  Company 
will  be  allowed  a  reasonable  extension  of  time  for  floating  such  loan 
or  the  bond  issues  thereof  or  for  the  commencement  or  completion  of 
the  construction  of  the  railway. 

But  if  the  bonds  have  been  already  issued  and  interest  already 
become  payable  on  the  loan  then  the  work  cannot  be  suspended  or 
postponed  unless  subject  to  the  exceptions  mentioned  in  the  preceding 
paragraphs. 

In  Article  7  of  the  Main  Agreement  it  was  agreed  that  the  work  of 
construction  should  be  finished  within  three  years,  but  that  in  case  of 

27938—04 18 


274      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

unforeseen  events  or  war  causing  stoppage  of  work  in  a  manner  beyond 
the  control  of  the  American  Compan}^  due  consideration  should  be 
given  for  an  extension  of  time.  It  is  hereby  Agreed  that  from  the 
date  of  the  ratification'of  this  Supplemental  Agreement  a  limit  of  five 
years  is  allowed  for  the  completion  of  the  whole  line,  subject  to  the 
preceding  exceptions  mentioned  in  this  Article. 

In  Article  8  of  the  Main  Agreement  the  duration  of  the  loan  is  fixed 
at  fifty  years. 

This  period,  together  with  the  period  of  the  American  Debentures, 
is  to  be  reckoned  from  the  date  of  the  ratification  of  this  Supplemental 
Agreement,  but  no  interest  will  be  paid  on  any  bonds  which  may  be 
redeemed  under  the  terms  hereinafter  mentioned  after  the  redemption 
thereof. 

Article  19:  In  accordance  with  the  10th  Article  of  the  Main  Agree- 
ment the  American  Company  has  heretofore  deposited  in  the  Central 
Trust  Company  of  New  York  the  sum  of  100,000  Dollars  gold.  Now, 
it  is  conceded  by  arrangement  that  as  soon  as  this  Supplemental  Agree- 
ment is  ratified  by  the  Chinese  Government  and  the  American  Com- 
pany, the  Director  General  will  telegraph  to  the  Chinese  Minister  in 
Washington  to  notify  the  Central  Trust  Company  to  turn  over  the 
amount  now  deposited  with  it  to  the  American  Company,  in  order  that 
the  same  may  be  utilized  for  the  operations  of  the  latter,  it  being 
Understood  that  among  these  operations  precedence  will  be  given  to  the 
prompt  beginning  of  the  work  on  the  Ping  Hsiang  branch. 

If  it  is  necessary  for  the  Director  General  to  simultaneously  notify 
the  said  Trust  Company,  he  undertakes  to  also  do  the  same. 

Article  20:  In  the  operation  of  the  railway  the  tariff  for  fares  and 
freights  is  to  be  prepared  by  the  General  TraflSc  Manager  and  sub- 
mitted to  the  Board  of  Commissioners,  who  shall,  after  due  consider- 
ation of  existing  tariffs  of  other  railways  in  China,  approve  an 
economical  rate. 

The  General  TraflBc  Manager  is  likewise  authorized  to  make  arrange- 
ments, subject  to  the  approval  of  the  Board  of  Commissioners,  with 
connecting  railways  of  other  companies  for  through  rates  of  fare  and 
freight. 

In  case  of  military  operations,  whether  on  account  of  foreign  war 
or  internal  insurrection,  the  movement  of  troops,  ammunitions  and 
stores  by  the  Chinese  Government  and  in  case  bi  famine  or  other  great 
public  calamity,  the  despatch  of  relief  shall  on  the  requisition  of  the 
Director  General,  have  preference  over  the  line  at  half  of  the  tariff 
rates.  Nothing  to  the  injury  of  China  shall  be  allowed  to  be  carried 
over  the  line  or  the  same  be  used  to  the  detriment  of  the  Government. 

Article  21:  If,  at  any  time  within  the  term  of  this  Agreement, 
the  Chinese  Railway'  Administration  receives  instruction  from  the 
Chinese  Government  to  redeem  and  cancel  any  of  the  first  mortgage 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      275 

bonds  or  any  of  the  American  Debentures,  the  Director  General  shall,  I 

not  less  than  four  months  previous  to  the  proposed  redemption,  notify  i 

in  writing  the  Agent  of  the  American  Company  resident  in  Shanghai, 
declaring  the  number  of  the  bonds  or  the  number  of  American  Deben- 
tures so  required  to  be  redeemed  and  cancelled. 

The  Agent  of  the  American  Company  shall,  immediately  on  the 
receipt  of  such  notice  in  writing,  proceed  to  make  arrangements  for 
the  desired  redemption  by  drawing  lots  and  taking  other  proper  steps 
in  the  way  customary  in  New  York  of  the  number  of  bonds  or  of 
American  debentures  in  such  quantity  as  may  be  required.  And 
as  soon  as  the  Railway  Administration  under  instructions  from  the 
Chinese  Government,  shall  remit  the  proper  amount,  according  to 
the  redemption  price  of  the  bonds  or  the  redemption  price  of  the 
American  Debentures,  together  with  the  interest  due  on  the  bonds  or 
the  net  profits  due  on  such  Debentures,  a  notice  of  such  redemption 
shall  be  published  in  two  of  the  most  prominent  newspapers  in  New 
York  and  in  such  other  financial  centres  as  may  be  agreed  upon  with 
the  Chinese  Minister  in  Washington  fdr  four  weeks.  At  the  expira- 
tion of  the  four  weeks  and  on  the  day  fixed  for  the  redemption,  the 
American  Company  shall  cause  the  usual  lots  to  be  drawn  for  the 
redemption  of  the  bonds  or  of  such  debentures  and  shall  pay  over 
the  respective  prices  of  the  same  to  their  respective  holders  and  shall 
thus  redeem  the  bonds  or  debentures  and  cancel  them,  and  thereupon 
the  same  are  to  be  delivered  to  the  Director  General  or  to  the  Chinese 
Minister  in  Washington  for  return  to  the  Director  General. 

All  the  first  mortgage  bonds  and  the  American  Debentures  shall 
express  that  they  are  redeemable  at  any  time  on  the  conditions  men- 
tioned in  the  preceding  paragraph  and  shall  state  that  the  payment  of 
any  interest  for  the  bonds  and  participation  of  any  of  the  net  profits 
by  the  American  Debentures  so  drawn  by  lot,  shall  entirely  cease  from 
the  date  mentioned  by  the  published  notice  of  the  American  Company. 
The  amount  required  for  the  redemption  shall,  however,  have  to  be 
got  ready  and  be  placed  in  the  hands  of  the  American  Company"  before 
such  redemption  is  carried  out. 

The  first  mortgage  bonds,  if  redeemed  within  twenty-five  years 
from  the  date  they  were  originally  issued,  shall  be  paid  for  with  a 
premium  of  two  and  one-half  per  cent,  over  their  face  value  (/.  e?.,  102^ 
Dollars  will  be  required  to  pay  for  100  Dollars  gold),  but  after  the 
twenty-five  years  from  the  date  of  issue  to  the  expiry  of  the  term  of 
the  loan  the  bonds  so  redeemed  shall  be  paid  for  without  any  premium 
whatever.  If  any  interest  is  still  due  on  any  of  the  bonds  at  the  time 
of  redemption,  such  interest  shall  have  thereupon  to  be  paid  in  full. 
As  to  the  American  debentures,  if  they  are  redeemed  within  the  term 
of  their  duration,  they  are  to  be  paid  for  according  to  their  face  value, 
and  if  such  debentures  run  to  the  end  of  their  term,  they  become  null 


276      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

and  void  and  no  price  need  be  paid  on  them  nor  need  they  be  redeemed, 
but  any  net  profits  still  due  on  them  shall  have  to  be  fully  paid  up 
according  to  their  amounts  before  the  same  are  cancelled. 

Article  22:  If  any  proceeds  of  the  sale  of  the  Bonds  are  lying 
unused  and  bearing  interest  on  their  deposit  while  the  construction  of 
the  railway  is  going  on,  such  interest  is  to  go  to  the  general  account  of 
the  Chinese  Railway  Administration  in  order  that  the  Railway  Admin- 
istration may  enjoy  the  full  advantage  thereof. 

It  is  also  agreed  that  if  the  American  Company  shall  find  it  neces- 
sary, before  the  sale  of  an}^  of  the  bonds,  to  advance  any  money  for 
the  work,  the  expense  of  effecting  such  advance,  together  with  the 
interest  thereon,  not  exceeding  a  charge  of  six  per  cent,  per  annum, 
shall  be  deducted  from  the  interest  derived  from  the  above-mentioned 
unused  proceeds  of  the  sale  of  the  bonds  or  otherwise  to  be  proWded 
for  in  the  construction  accounts.  It  is  further  agreed  that  the  pro- 
ceeds of  the  first  sale  of  the  bonds  immediately  following  any  such 
advance  shall  be  used  to  pay  off  the  said  advance  so  as  to  save  the  cost 
of  the  aforesaid  charge. 

Article  23:  If  any  of  the  bonds  still  remain  unredeemed  when  the 
fifty  years  of  the  term  of  the  loan  are  about  to  expire,  the  Director 
General  will,  within  two  years  preceding  the  expiry  of  the  said  term, 
negotiate,  by  writing,  with  the  American  Company  for  an  extension 
of  the  term  of  the  loan  and  if  six  months  shall  have  expired  after  such 
negotiation  in  writing  and  no  definite  arrangement  shall  have  been 
come  to,  the  Chinese  Government  shall  be  at  liberty  to  take  steps  to 
devise  means  for  elsewhere  procuring  funds  to  pay  off  the  loan  and  to 
redeem  the  bonds  and  cancel  the  mortgage. 

Article  24:  It  is  hereby  agreed  that  as  concerns  all  matters  in 
these  agreements,  whatever  provisions  are  contained  in  the  Main 
Agreement  and  are  not  mentioned  in  this  Supplemental  Agreement 
are  to  prevail. 

Article  25:  Although  the  Ping  Hsiang  branch  was  not  originallj^ 
included  in  the  Main  Agreement,  yet  seeing  that  Coal  Mining  opera- 
tions have  recentl}^  been  })egun  thereon^  by  the  Chinese  and  that  the 
prompt  construction  of  this  section  (in  order  to  reach  the  point  of 
nearest  water  transportation,  at  Lukow),  is  now  deemed  by  the  Chinese 
to  be  of  urgent  necessity,  and  seeing  also  that  such  branch  was 
included  in  the  plans  and  estimates  of  the  American  Company's  Chief 
Engineer  for  construction  (subject  to  the  approval  of  the  Director 
General)  in  connection  with  the  Main  Line  and  that  provisions  to  this 
end  have  been  included  in  this  Supplemental  Agreement  (In  article  1, 
2  and  elsewhere),  and  also  that  Captain  Rich,  the  Engineer  of  the 
.  Railway  Administration  has  already  begun  work  on  the  line  at  or  near 
Ping  Hsiang  with  funds  supplied  by  the  Director  General,  it  is  now 
agreed  that:  '  , 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.       277 

If  the  American  Company,  on  or  before  the  first  day  of  September, 
1900,  fails  to  begin  work  on  this  branch  from  the  funds  to  be  provided 
from  the  loan  or  otherwise,  or  does  not  take  the  line  over  at  the  actual 
cost  thereof  as  may  then  have  been  incun^ed  in  the  construction  of 
the  same  under  the  supervision  of  Captain  Rich,  the  said  branch  line 
(from  Ping  Hsiang  to  Lukow),  may  be  withdrawn  from  the  operation 
of  this  Supplemental  Agreement  and  the  Director  General  thereupon 
be  free  to  adopt  other  measures  for  its  construction.  In  such  case 
the  various  references  to  such  branch  line  in  this  Supplemental  Agree- 
ment are  to  be  considered  as  cancelled.  But  until  the  said  date  of 
September  1st,  1900,  the  American  Company  is  free  to  so  commence 
work  on  this  branch,  or  to  take  over  the  same  at  the  cost  of  such 
work  as  Captain  Rich  may  then  have  done  thereon. 

Article  26:  This  Supplemental  Agreement  is  written  in  the  Chi- 
nese and  English  languages  in  five  originals,  viz. :  One  for  the  Tsungli 
Yamen,  one  for  the  Government  Bureau  of  Railway  and  Mines,  one 
for  the  Chinese  Legation  in  Washington,  and  one  for  each  of  the  con- 
tracting parties. 

If  there  are  doubts  as  to  the  meaning  of  the  text,  the  English 
version  is  to  be  taken  as  the  true  one. 

Dated  the  26th  year  of  Kwang  Su,  seventeenth  day  of  the  6th 
month  corresponding  to  the  thirteenth  day  of  July,  1900,  at 

The  Chinese  Minister  at  Washington  duly  designated  hereto  by  the 
Director  General  of  the  Chinese  Railway  Administration,  has  here- 
unto set  his  hand  and  the  Seal  of  his  OflSce,  subject  to  the  sanction 
and  ratification  of  the  Imperial  Chinese  Government. 

And  the  American  Company  hereby  signs  its  Corporate  name  and 
affixes  its  Corporate  Seal  by  the  hands  of  its  duly  authorized  Officers, 
the  day  and  year  above  written. 

Amepican  China  Development  Company, 
By  John  French,  Presidtnf. 

[l.  s.]    Attest: 

Henry  H.  Graff,  Secretmnj. 

Wu  Ting-fang,     [seal.] 
Approved. 

F.  W.  Whitridge. 


NOTES  EXCHANGED  BY  THE  CHINESE  MINISTER  IN  WASHINGTON 
AND  THE  SECRETARY  OF  STATE  OF  THE  UNITED  STATES  ON  THE 
STATUS  OF  THE  AMERICAN  CHINA  DEVELOPMENT  COMPANY  IN 
ITS  RELATION  TO  THE  CANTON-HANKOW  RAILWAY. 

No.  1. 

No.  33.]  Chinese  Legation, 

Waahingtmi^  May  10^  190 I^. 

Sir:  I  have  the  honor  to  inform  you  that,  in  view  of  the  present 
condition  of  the  American  China  Development  Company,  the  control 
of  which  has  passed  into  other  than  American  hands  as  stated  in  the 
enclosure  to  my  informal  note  of  the  29th  of  January  last,  I  am 
instructed  by  my  Government  to  inquire, — (1)  If  the  American  China 
Development  Company  is  considered  by  the  United  States  Govern- 
ment to  be  a  bona  fide  American  Company;  (2)  If  the  United  States 
Government  will  maintain  the  sole  right  to  deal  with  all  diplomatic 
matters  affecting  the  interests  of  this  Company;  (3)  If  the  United 
States  Government  will  take  steps  to  make  public  its  position  concern- 
ing the  Canton-Hankow  Railway  and  its  intention  to  protect  the  Bail- 
way's  interests. 

Accept,  Sir,  the  renewed  assurances  of  my  highest  consideration. 

Chentung  Liang  Cheng. 

Honorable  John  Hay, 

Secretary  of  State. 


No.  2. 


No.  41.]  Department  of  State, 

Washington^  May  11^  190If., 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
the  10th  of  May,  in  which  you  inform  me  you  are  instructed  by  your 
Government  to  inquire: — 

1.  If  the  American  China  Development  Company  is  considered  by 
the  United  States  Government  to  be  a  bona  fide  American  Company; 

2.  If  the  United  States  Government  will  maintain  the  sole  right  to 
deal  with  all  diplomatic  matters  affecting  the  interests  of  this  Company; 

3.  If  the  United  States  Government  will  take  steps  to  make  public 
its  position  concerning  the  Canton- Hankow  Kailway  and  its  intention 
to  protect  the  Railway's  interests. 

278 


/ 


TBEATIEB  AND  COITVrENTIONS  WITH  CHINA  AND  KOKEA.      279 

To  which  I  have  the  honor  of  replying  as  follows: 

1.  The  United  States  Government  considers  the  American  China 
Development  Company  to  be  in  good  faith  an  American  Company. 

2.  The  United  States  considers  that,  as  the  Company  is  at  present 
organized  and  conducted,  this  Government  alone  has  the  right  to  deal 
with  diplomatic  questions  aflfecting  the  interests  of  the  Company. 

3.  The  United  States  will  make  public  its  position  concerning  the 
Canton-Hankow  Railway,  and  its  intention  to  interpose  its  good  offices 
on  all  proper  occasions  in  the  interests  of  that  railway. 

Your  Excellency  will  understand  that  this  Government  reserves  its 
right  to  cease  its  recognition  and  its  assistance  of  the  above  mentioned 
Company  in  case  of  any  change  in  its  organization  or  conduct  which 
may  seem  to  justify  such  action  on  the  part  of  this  Government. 
Accept,  Sir,  the  renewed  assurance  of  my  high  consideration. 

John  Hat. 
SirCHENTUNG  Liang-Cheng,  K.  C.  M.  G., 

etc.,  etc.,  etc.  > 


No.  38. 

FRANCE. 

CONCESSION    FOR    BUILDING    A    RAILWAY    FROM    PAKHOI    TO    THE 

WEST  RIVER.« 

M.  Hanotaux  to  M.  Pichon. 

[Translation.] 

(Pams,)  ^  May^  1898. 
The  recent  reports  of  our  Consular  Agents  show  the  interest  we 
have  in  developing  means  of  access  {voiea  de  penet7'ation)  in  the  region 
of  Kwangtung  and  Kwangsi  which  borders  the  Gulf  of  Tongking. 
Be  good  enough  to  ask  the  Chinese  Government  for  the  Concession, 
to  a  French  Company,  of  a  railway  destined  to  connect  the  port  of 
Pakhoi  with  a  point  to  be  fixed  upon  on  the  course  of  the  West  River: 
such  concession  to  be  made  on  the  lines  of  the  contract  entered  into 
in  June  1896,  for  a  railway  from  Dong-dang  to  Lungchow. 


M.  PicHON  TO  M.  Hanotaux. 

(Peking,)  28th  May,  1898. 
The  Chinese  Government  consents  to  our  request  for  a  railway  from 
Pakhoi  to  the  West  River.     It  is  understood  that  the  French,  or  the 
Franco-Chinese  Company    only,  may  construct  all  railways  having 
Pakhoi  as  their  starting  point. 

«  Documents  DipUymatiques,  ChinCj  1894-1898^  pp.  53,  54. 
280 


No.  39. 

GREAT  BRITAIN. 


CONTRACTS  FOR  THE  SHANGHAI-NANKING  RAILWAY. 

1.  Preliminary  Agreement,  signed  May  13,  1898. 

2.  Final  Agreement,  signed  July  9,  1903. 


I. 

PRELIMINARY    AGREEMENT    FOR    BUILDING  A  RAILWAY    FROM 
SHANGHAI  TO  NANKING. 

Signed  at  Shanghai  May  13,  1898. 

This  preliminary  agreement  is  made  between  Sheng  Tajen  Director 
General  of  the  Chinese  Imperial  Bailway  Administration  acting  under 
authorit}^  of  the  Imperial  Chinese  Government  of  the  one  part  and  the 
British  Firm  of  Jardine,  Matheson  &  Company  for  themselves  and 
on  behalf  of  the  Hongkong  and  Shanghai  Banking  Corporation  repre- 
senting as  joint  Agents  a  British  Syndicate  hereinafter  called  The 
Syndicate. 

It  is  agreed  as  follows: 

1.  The  said  Director  General  of  the  Chinese  Bailway  Administration 
authorises  the  Syndicate  to  issue  a  sterling  loan  for  an  amount  not 
exceeding  three  million  sterling  in  such  manner  and  on  such  terms  as 
the  Syndicate  may  decide,  but  on  terms  and  conditions  as  between  the 
Syndicate  and  the  said  Director  General  of  the  Chinese  Railway  Admin- 
istration as  are  hereinafter  detailed. 

The  loan  shall  be  issued  as  soon  as  possible  after  the  signing  of  a 
final  agreement  and  is  designed  to  raise  the  capital  for  building  which 
the  said  Sheng  Tajen  is  authorised  b}^  Chinese  Imperial  Edict  to  con- 
struct from  Shanghai  to  Nanking. 

2.  The  building  capital  thus  provided  for  is  to  include  interest  on 
itself  during  the  period  of  construction  and  the  said  Chinese  Railway 
Administration  undertakes  to  buy  and  pay  for  the  land  required  for 
the  sections  now  referred  to  i.  e.  Shanghai  to  Nanking  in  accordance 
.with  plans  and  surveys  to  be  approved  by  the  Agents  of  the  afore- 
said Syndicate  and  the  said  Director  General. 

3.  The  rate  of  interest  for  the  loan  shall  be  4^%  (four  and  one-half 
per  cent)  on  the  nominal  principal  issued  by  the  Syndicate  and  shall 

281 


282  TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

be  paid  by  the  S}' ndicate  out  of  the  monies  so  raised  for  three  years 
from  date  of  issue  or  up  to  such  nearer  date  as  that  on  which  the  lines 
referred  to  are  completed.  After  the  said  three  years  the  said  inter- 
est shall  be  provided  by  the  said  Railway  Administration  in  Shanghai 
in  accordance  with  the  amounts  and  dates  of  a  schedule  to  be  drawn  up. 

4.  The  terms  of  loan  shall  be  fifty  years  and  commencing  two  yefl-rs 
after  completion  of  the  lines  referred  to  or  in  any  case  five  years  after 
payment  of  loan  in  whole  or  in  part  repayment  of  principal  shall  be 
made  by  a  sinking  fund  which  shall  be  paid  by  the  said  Chinese  Rail- 
way Administration  in  half  yearly  instalments  in  accordance  with  the 
amounts  and  dates  of  the  said  schedule  and  the  amortization  shall  not  be 
increased  nor  reduced  nor  shall  the  loan  be  converted  or  redeemed  by 
the  Chinese  Railway  Administration  or  in  any  other  manner  without 
the  assent  of  the  said  Syndicate  provided  always  that  on  twelve 
months  notice  being  given  by  the  said  Railway  Administration  they 
have  the  right  to  redeem  the  whole  loan  still  outstanding  at  par  at  the 
end  of  twenty  five  years  from  from  date  of  the  Final  Agreement  or  at 
102i  after  12i  years. 

5.  The  total  half  yearl}'  payment  due  for  amortization  and  interest 
shall  be  paid  as  aforesaid  to  the  Agents  of  the  said  Syndicate  in 
Shanghai  fourteen  days  before  the  due  dates  mentioned  in  the  aforesaid 
schedule  in  Shanghai  Sycee  sufficient  to  meet  such  pa3'ments  in  sterling 
in  London  the  rate  of  exchange  for  which  shall  be  settled  with  the 
Hongkong  and  Shanghai  Bank  on  the  said  date  of  payment. 

6.  To  provide  for  the  possibility  of  the  revenue  of  the  aforesaid 
railway  at  any  time  being  insufficient  to  cover  the  sums  so  due  for 
interest  and  amortization  a  clause  is  to  be  mutually  agreed  to  as  to 
satisfactory  security  before  signature  of  the  Final  Agreement. 

7.  The  Syndicate  shall  issue  and  is  hereby  authorised  to  issue  to 
subscribers  to  the  loan  now  contracted  Bonds  for  the  total  amount  of 
the  loan  in  pounds  sterling  in  such  and  for  such  respective  amounts  as 
may  appear  advisable  to  the  Syndicate  which  shall  arrange  the  word- 
ing in  agreement  with  the  Director  General  of  the  Chinese  Imperial 
Railwa}^  Administration  and  these  Bonds  shall  be  sealed  or  signed  by 
the  Minister  for  China  in  Lbndon  and  the  Director  General  of  Chinese 
Railway  Administration  subject  to  Final  Agreement. 

8.  This  loan  shall  be  secured  by  mortgage  now  entered  into  in  equity 
and  to  be  hereafter  entered  into  specifically  on  the  railway  now  being 
completed  between  Woosung  and  Shanghai  and  also  on  all  lands  mate- 
rial rolling  stock  buildings  and  property  and  premises  of  every 
description  purchased  and  to  be  purchased  by  the  said  Railway  Admin- 
istration for  the  railways  herein  referred  to  and  on  the  1-evenue  of  all 
descriptions  derivable  therefrom  and  the  Chinese  Imperial  Railway 
Administration  hereby  order  and  guarantee  that  no  further  mortgage 
or  loan  shall  be  created  or  permitted  on  the  said  lines  and  other 
securities  without  the  written  sanction  of  the  aforesaid  Syndicate. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      283 

9.  The  Deed  of  Agreement  shall  be  executed  in  quadruplicate  and 
confirmed  by  Chinese  Imperial  IMict;  one  copy  to  be  retained  by  the 
Railway  Administration  one  by  the  Tsungli  yamen  one  by  the  British 
Minister  in  Peking  and  one  by  the  Syndicate  and  should  any  doubt 
arise  as  to  the  interpretation  of  this  agreement  the  English  text  is  to 
be  accepted. 

10.  All  Bonds  and  Coupons  and  payments  made  and  received  with 
the  service  of  this  loan  shall  be  exempt  from  Chinese  taxes  and 
imposts  of  all  or  every  description  for  ever  and  all  material  of  every 
kind  or  description  also  to  be  imported  into  China  or  to  be  brought 
from  the  Provinces  of  China  to  the  scene  of  work  free  from  taxation 
of  every  nature  whether  Imperial  Provincial  or  Municipal  during  the 
currency  of  this  loan,  and  further  it  is  agreed  by  the  Imperial  Chinese 
Government  that  no  tax  or  impost  of  any  kind  shall  be  enacted  or  levied 
on  the  revenue  of  the  said  Railway  Administration  or  on  passenger 
tickets  or  freight  notes  thereby. 

All  details  necessary  for  the  prospectus  and  connected  with  the  serv- 
ice of  the  Bond-holders  anent  interest  or  amortization  of  this  loan 
not  herein  explicitly  provided  for  shall  be  left  for  arrangement  by  the 
Syndicate  who  at  its  own  expense  shall  issue  and  are  hereby  author- 
ised to  issue  a  prospectus  of  the  loan  as  soon  as  possible  after  the 
signing  of  a  Final  Agreement.  The  Tsungli  yamen  will  instruct  the 
Minister  for  China  in  London  to  give  the  Syndicate  all  assistance  in 
any  matters  where  his  cooperation  may  be  deemed  helpful. 

11.  In  order  to  provide  for  final  authority  in  matters  of  construction 
or  administration  it  is  agreed  that  before  the  Final  Agreement  is  made 
a  clause  is  to  be  drafted  mutually  acceptable  to  the  Agents  of  the  Syn- 
dicate and  to  the  Director  General  of  the  Chinese  Imperial  Railway 
Administration  providing  for  a  ^' Board  of  Control"  to  be.  composed 
of  the  Director  General  of  the  Chinese  Imperial  Railway  Administra- 
tion as  Chairman  and  a  nominee  of  his  together  with  the  representative 
of  the  Agents  of  the  Syndicate  and  the  chief  Engineer  and  Secretary 
hereinafter  mentioned. 

12.  Tha  Railway  Administration  shall  during  the  continuance  of  the 
loan  maintain  the  railway  buildings  works  rolling  stocks  and  depend- 
encies in  good  order  and  condition  and  shall  increase  the  rolling 
stock  to  such  extent  as  the  Board  of  Control  during  the  period  of  the 
aforesaid  sterling  loan  may  find  necessary  for  the  requirements  of  the 
traffic. 

13.  The  residue  of  the  net  profits  in  each  year  after  paying  the  sum 
annuall}'^  due  for  interest  and  redemption  of  the  loan  and  all  other  sums 
which  may  for  whatsoever  cause  be  due  to  the  Syndicate  shall  be 
divided  into  five  shares  one  to  be  paid  to  or  retained  by  the  said  Syn- 
dicate and  the  othrers  to  be  paid  or  retained  by  the  Railway  Admin- 
istration but  after  completion  of  the  lines  now  provided  for  and  on  their 
revenue  proving  sufficient  to  meet  the  interest  and  redemption  of  loan, 


284     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

there  is  to  be  deducted  before  division  of  profits  interest  at  the  rate  of 
6%  per  annum  on  the  value  of  land  purchased  by  the  Chinese  Railway 
Administration  and  entered  in  a  Land  Register  Book  and  in  considera- 
tion of  this  the  earnings  and  administration  of  the  Woosung  and 
Shanghai  line  are  to  be  treated  in  like  manner  as  the  Nanking  section 
and  thus  go  to  the  general  profit  and  loss  account  and  the  Syndicate 
are  to  participate  therein  as  in  the  Nanking  section,  subject  however 
to  a  charge  of  6%  interest  on  about  Taels  500,000  being  cost  of  the 
Woosung  line.  The  title  deeds  for  land  already  or  subsequently 
acquired  and  hypothecated  to  this  Syndicate  shall  be  delivered  to  the 
Agents  after  entry  in  the  Land  Register  Book  which  is  to  be  kept  by 
the  account;  the  book  shall  also  contain  exact  entries  of  the  sums  paid 
for  such  lands  thus  showing  the  aggregate  sum  so  expended. 

14.  The  accounts  of  the  Railwa}'^  Administration  shall  be  kept  in 
Shanghai  currency. 

15.  The  Chief  Engineer  taking  charge  of  the  construction  and  the 
working  of  the  railway  shall  be  nominated  by  the  Agents  for  the  Syn- 
dicate with  the  concurrence  of  the  said  Director  General  and  shall  be 
paid  by  the  Railway  Administration.  In  like  manner  a  European 
Secretary  and  Accountant  shall  also  be  appointed  and  paid;  and  the 
Chief  Engineer  will  subject  to  the  assent  of  the  Board  of  the  Control 
nominate  the  entire  staff  of  Railway  OflScials. 

16.  The  Syndicate  will  on  completion  of  a  survey  report  map  and 
estimate  (to  be  approved  b}'-  the  said  Director-Geneml)  now  to  be 
commenced  by  Engineers  nominated  by  them  name  a  definite  price  at 
which  they  engage  to  take  the  said  loan;  it  will  be  based  on  a  current 
quotation  of  82  dated  24th  April  but  it  is  necessarily  subject  to  the 
state  of  London  money  market  at  date  of  final  agreement;  due  advan- 
tage also  being  given  to  the  Railway  Administration  in  case  of 
improvement.  In  the  event  of  the  price  named  not  being  acceptable 
to  the  Railway  Administration  the  cost  of  the  survey  will  be  borne  by 
the  Syndicate  but  otherwise  will  form  part  of  the  rail  construction 
charges. 

17.  The  books  of  the  Administration  shall  be  kept  both  in  English 
and  Chinese  and  all  monies  provided  by  the  Syndicate  shall  be  dealt 
with  through  an  account  to  be  kept  in  Shangai  with  the  Hongkong  & 
Shanghai  Bank;  this  account  will  be  disbursed  for  the  construction  of 
the  lines  and  for  expenses  consequent  thereon  upon  the  Chief  Engi- 
neer's certificate.  The  whole  accounts  of  the  Railwa}^  Administration 
shall  be  subject  to  the  inspection  of  the  Syndicate  and  it  is  further 
agreed  that  the  revenue  or  earnings  of  the  railway  shall  be  paid  into 
the  said  account  with  the  Hongkong  &  Shanghai  Bank  for  final  treat- 
ment but  at  places  where  the  Hongkong  &  Shanghai  Bank  has  no  Agency 
and  the  Imperial  Bank  of  China  is  established  disbursements  and 
receipts  will  be  dealt  with  through  the  latter  in  accordance  with  the 
final  agreement. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      285 

18.  The  Agents  for  the  Syndicate  will  during  the  currency  of  this 
loan  be  entitled  to  deduct  a  commission  at  the  rate  of  i%  on  all  remit- 
tances  for  interest  or  redemption  of  the  aforesaid  loan. 

19.  To  provide  for  the  possibility  of  the  whole  amount  of  the  instal- 
ments of  the  loan  with  accrued  interest  paid  by  the  Syndicate  not  being 
sufficient  for  the  complete  construction  of  the  lines  now  undertaken 
b}^  the  Railway  Administration,  a  clause  giving  satisfactor}^  security 
is  to  be  mutuall}'  agreed  to  before  signature  of  the  final  agreement. 

20.  The  provisions  of  a  final  agreement  shall  immediatel}"  after  sig- 
nature and  before  the  issue  of  any  prospectus  of  the  loan  be  confirmed 
and  sanctioned  b}'  an  Imperial  notification  which  shall  be  6fficially 
communicated  to  the  British  Minister  by  the  Tsungli  yamen. 

21.  It  is  further  agreed  between  the  parties  to  this  agreement  and 
accepted  by  the  said  Railway  Administration  that  material  from  Hupeh 
Works  when  certified  by  the  Chief  Engineer  to  be  equall}-  suitable 
shall  have  preference,  defects  in  samples  rendered  being  pointed  out 
by  the  Chief  Engineer  in  order  that  suitable  material  ma}^  on  the  next 
occasion  be  produced;  and  with  regard  to  material  to  be  imported 
either  for  the  construction  of  the  line  or  in  rolling  stock  that  where 
specified  by  the  Chief  Engineer  the  name  of  maker  so  specified  is  to 
be  accepted  provided  the  Board  of  Control  concur  as  to  prices,  that  in 
cases  where  no  maker  is  specified  one  half  is  at  the  option  of  the 
Syndicate  and  the  other  to  be  by  tender;  this  clause  is  subject  to 
redrafting  for  final  agreement. 

22.  It  is  agreed  that  if  at  any  time  the  Chinese  Imperial  Railwa}^ 
Administration  wish  to  extend  their  lines  that  the  Syndicate  shall  have 
the  option  of  undertaking  extensions  on  like  terms  for  Railwaj^s 
designed  to  run  in  connection  with  those  herein  mentioned  subject  to 
Imperial  EMict  being  obtained  for  such  extensions  or  branches  by 
Memorial  of  the  said  Railway  Administration  and  the  respective 
Viceroys  and  Governors. 

23.  Pending  completion  of  the  aforesaid  survey  and  the  subsequent 
naming  of  a  definite  price  of  loan  the  said  Imperial  Chinese  Railway 
Administration  undertake  to  commence  or  continue  no  negotiations 
with  other  parties  for  the  purposes  referred  to  in  this  agreement 
and  the  Syndicate  by  their  Agents  undertake  to  use  promptitude  and 
every  exertion  to  carry  out  the  terms  of  this  preliminary  arrangement. 

24.  The  Sj^ndicate  being  desirous  to  take  up  the  extension  of  the 
said  Railways  (as  mentioned  in  the  above  clause)  and  it  being  intended 
to  run  a  line  starting  from  Poo-Kow  on  the  shore  opposite  to  Nanking 
and  ending  near  Sin  Yang  Chow  where  the  extension  would  join  the 
trunk  line  from  Hankow  to  Peking  the  Imperial  Chinese  Railwaj^ 
Administration  agrees  to  memorialize  the  Throne  for  peimission  to 
allow  the  Syndicate  to  carr}-  out  tho  extension.  The  Syndicate  will 
at  once  send  an  Engineer  to  make  the  necessary  survey  and  on  the 


286  TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

estimate  being  given  will  make  the  loan  in  accordance  with  the  condi- 
tions as  agreed  upon  in  the  above  agreement. 

26.  This  preliminary  agreement  is  signed  by  the  Director  General 
of  the  Imperial  Chinese  Railway  Administration  who  will  in  case  there 
should  arise  local  difficulties  consult  with  the  Viceroy  of  Nanking  and 
the  Governors  will  in  conjunction  with  the  Director  General  Memori- 
alize the  Throne  before  the- Final  Agreement  is  signed. 

Signed  by  the  contracting  parties  this  twenty  third  day  of  the  inter- 
calary third  month  of  the  twenty  fourth  year  of  the  Emperor  Kuang 
Hsu  being  the  thirteenth  day  of  May,  1898  of  the  Western  Calendar. 

II. 

FINAL  AGREEMENT  BETWEEN  SHENG  KUNG-PAO,  DIRECTOR  GEN- 
ERAL OF  THE  IMPERIAL  CHINESE  RAILWAY  ADMINISTRATION, 
AND  THE  BRITISH  AND  CHINESE  CORPORATION,  LIMITED,  FOR  THE 
ACQUISITION  OF  A  LOAN  FOR  THE  CONSTRUCTION  OF  A  RAILWAY 
FROM  SHANGHAI  TO  NANKING. 

This  agreement  is  made  the  fifteenth  day  of  the  intercalary  fifth 
month  of  twenty-ninth  year  of  Kwang-Hsu,  corresponding  to  the  ninth 
day  of  July  1903,  at  Shanghai,  and  the  contracting  parties  are: — ^The 
Director  General  of  the  Imperial  Bailway  Administration  Sheng  Kung- 
pao  (to  be  called  hereafter  Director  General),  acting  under  authority  of 
an  Imperial  Decree,  of  the  one  part,  and  Messrs.  Jardine,  Matheson  and 
Company,  and  the  Hong-Kong  and  Shanghai  Banking  Coi-poration, 
representing  as  Joint  Agents  the  British  and  Chinese  Corporation, 
Limited  (hereinafter  called  the  Corporation),  of  the  other  part. 

Whereas**,  on  the  twenty-third  day  of  the  Intercalary  third  month  of 
the  twenty -fourth  year  of  Kwang-Hsu,  being  the  thirteenth  day  of 
May  1898,  a  preliminary  Agreement  was  signed  at  Shanghai  between 
the  Director  General  of  the  Chinese  Imperial  Railway  Administration, 
Sheng,  acting  under  the  instructions  from  the  Tsungli  Yamen,  and  the 
British  Firm  of  Jardine,  Matheson  and  Company  for  themselves  and 
on  behalf  of  the  Hongkong  and  Shanghai  Banking  Corporation,  rep- 
resenting as  Joint  Agents  a  British  S3'ndicate,  and 

Whereas,  on  the  12th  day  of  December  1902  an  Imperial  Decree 
was  issued  in  the  following  terms: — "In  view  of  the  important  consid- 
erations connected  with  the  construction  of  luilways  in  various  parts  a 
Decree  has  already  been  issued  apportioning  the  responsibility  for  the 
duties  connected  therewith.  Hereafter  the  accounts  of  receipts  and 
disbursements  are  to  be  prepared  by  Sheng  Hsuan  Hwai,  and  commu- 
nicated by  him  for  the  examination  of  the  High  Authorities  of  the 
provinces  through  which  the  railways  pass,  and  subsequently  for  sub- 
mission in  a  joint  memorial  to  the  Throne.  When  a  line  of  railway 
has  been  surveyed,  before  the  work  may  be  begun,  plans  and  specifi- 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      287 

cations  must  be  communicated  to  the  High  Authorities  above  men- 
tioned who  will  depute  an  official  to  ascertain  that  there  are  no  objec- 
tions. Should  Sheng  Hsuan  Hwai  enter  into  any  agreement  with  a 
foreign  Syndicate  he  must  before  signing  such  agreement  obtain  the 
assent  of  the  High  Provincial  Authorities,  and  a  copy  of  such  Agree- 
ment must  be  submitted  to  the  Throne  in  a  joint  memorial,"  and 

Whereas,  on  further  consideration  it  has  been  found  necessary  to 
make  certain  alterations  in  the  aforesaid  preliminary  Agreement,  now 
therefore  it  is  agreed  that  this  Final  Agreement  shall  be  substituted 
for  the  preliminary  Agreement  above  referred  to. 

Article  1. 

The  Corporation  agrees  to  issue  on  behalf  of  the  Railway  Adminis- 
tration a  sterling  Loan  (hereinafter  referred  to  as  the  Loan)  for  an 
amount  not  exceeding  £3,250,000  sterling  on  the  terms  and  conditions 
hereinafter  contained.  Imperial  Chinese  Government  Bonds  are  to 
be  issued  for  the  entire  sum  similar  to  the  Bonds  of  the  Imperial  Rail- 
ways of  North  China  with  the  Railway  as  first  mortgage  security 
therefor.  The  Loan  shall  be  issued  in  two  or  more  parts,  and  each 
series  is  to  be  in  such  amount  as  the  Engineer-in-Chief  may  determine 
under  direction  of  the  Director  General  and  the  Corporation  in  accord- 
ance with  the  extent  of  the  work  to  be  undertaken  so  as  to  prevent  the 
Chinese  Government  from  suffering  undue  loss  of  interest.  The  price 
agreed  upon  for  the  Loan  is  90  per  cent  of  the  nominal  value  and  any 
loss  or  profit  in  selling  these  Bonds  to  the  public  shall  be  borne  by  or 
go  to  the  Corporation.  The  interest  on  the  Bonds  shall  be  at  the  rate 
of  five  per  cent  per  annum  on  their  nominal  value,  and  be  payable 
half  yearly. 

The  duration  of  the  Loan  is  fixed  at  fifty  years  commencing  from 
the  date  of  the  ratification  of  this  agreement,  but  no  interest  will  be 
paid  on  any  Bonds  which  may  be  redeemed  or  cancelled  under  the 
terms  hereinafter  mentioned  after  the  redemption  or  cancellation 
thereof. 

On  the  face  of  each  of  these  Bonds  shall  be  expressed  the  value 
thereof  in  the  sum  of  £100,  or  in  such  different  amounts  as  the  Chinese 
Minister  in  London  in  consultation  with  the  Corporation  may  sanction. 

If  any  of  the  Bonds  or  net  profit  Certificates  hereinafter  mentioned 
are  lost  or  destroyed,  a  reissue  of  any  thereof  is  to  be  made  in  the 
amounts  respectively  called  for  by  such  lost  or  destroyed  Bonds  or 
Certificates,  but  proper  proof  of  the  loss  or  destruction  must  be  given 
in  the  usual  form  to  the  Corporation  and  the  Chinese  Minister  in  Lon- 
don for  examination  and  record,  and  the  requisite  guarantee  is  to  be 
obtained  by  the  Corporation  from  the  respective  claimants  concerned. 


288     TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Article  2. 

The  proceeds  of  the  Loan  are  to  be  used  in  the  construction  and 
equipment  of  the  railway  and  in  paying  interest  on  the  Loan  during 
the  course  of  construction. 

The  Corporation  shall  build  and  equip  as  economically  as  possible 
in  accordance  with  the  best  modern  system  the  line  from  Shanghai  to 
Nanking,  it  being  hereby  agreed  that  the  Chinese  Administration  shall 
secure  the  necessary  land  for  a  double  line  of  railway  for  the  whole 
distance,  as  well  as  other  facilities  for  the  purposes  of  the  construction 
and  working  of  the  line. 

When  the  line  is  completed  if  there  is  a  surplus  from  the  sale  of 
Bonds  the  said  surplus  shall  be  at  the  disposal  of  the  Chinese  Govern- 
ment for  redeeming  the  Bonds,  or  to  be  placed  through  the  Director 
General  in  a  bank  on  deposit  for  the  purpose  of  paying  interest  on  the 
Loan  or  for  developing  business  beneficial  to  the  Shanghai  Nanking 
Bailway,  all  to  be  arranged  at  the  proper  time  between  the  Director 
General  and  the  Corporation.  Should  Chinese  themselves  build 
branch  lines  to  act  as  feeders  to  this  railwa}'^  it  is  understood  that  the 
system  of  construction  and  equipment  thereof  shall  be  adopted  by  such 
bninch  lines  in  order  to  facilitate  through  connection. 

In  all  matters  relating  to  the  construction  and  administration  of  the 
railway  by  the  officials  of  the  British  and  Chinese  Corporation,  it  is 
expressly  agreed  that  particular  heed  shall  be  paid  to  the  opinions, 
habits  and  ideas  of  the  Chinese  people,  and  that  when  practicable 
Chinese  shall  be  employed  as  far  as  possible  b}'-  the  Board  of  Commis- 
sioners in  positions  of  trust  and  responsibility  in  connection  with  the 
railwa3\ 

In  regard  to  the  earth  work  or  such  other  work  as  Chinese  are  com- 
petent to  perform  contracts  shall  be  entered  into  for  such  work  with 
Chinese  under  the  sanction  of  the  Director  General  or  his  deputy,  said 
work  itself  to  be  in  accordance  with  plans  and  specifications  of  the 
Engineer-in -Chief  and  under  his  supervision. 

In  the  further  and  final  survey,  detailed  plans  and  estimates  of  cost 
whether  of  the  respective  sections  of  the  main  line  or  of  any  exten- 
sions, branches,  or  alterations  of  the  same  are  to  be  submitted  to  the 
Board  of  Commissioners  for  the  approval  of  the  Director  General. 

Article  3. 

The  Loan  shall  be  secured  by  mortgage  now  entered  into  in  equity, 
and  shall  as  soon  as  possible  hereafter  be  secured  by  a  specific  and 
legal  first  mortgage  in  favor  of  the  Corporation  upon  the  railway  now 
completed  between  Woosung  and  Shanghai,  and  also  on  all  lands, 
materials,  rolling  stock,  buildings,  property  and  premises  of  every 
description  purchased  or  to  be   purchased   b}'^  the  railways  herein 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      289 

referred  to  and  on  the  last  mentioned  railways  themselves  as  and  when 
constructed  and  on  the  revenue  of  all  descriptions  derivable  therefrom. 
The  provisions  of  this  Article  in  respect  of  the  mortgage  are  to  be 
construed  and  treated  as  of  the  same  purport  and  effect  as  a  mortgage 
customarily  executed  and  delivered  in  England  to  a  Trustee  for  the 
purpose  of  securing  Loans  and  Bond  issues  upon  railway  properties. 

Article  4. 

According  to  Article  ,1  of  this  Agreement  it  is  provided  that  the 
Loan  is  to  be  paid  in  instalments  from  time  to  time  as  the  work  pro- 
ceeds. It  is  hereby  agreed  that  within  eight  months  after  this  Agree- 
ment is  officially  signed  and  ratified  the  Corporation  shall  pay  the  first 
instalment  to  meet  the  requirements  for  the  work,  whether  the  pro- 
ceeds come  from  the  sale  or  hypothecation  of  the  Bonds  or  from 
advances  made,  provided  the  appropriate  series  of  Bonds  for  the 
required  instalment  of  such  Loan  shall  have  been  executed  and 
delivered.  If  after  the  expiration  of  twelve  months  from  the  date  of 
the  ratification  hereof  the  work  of  construction  shall  not  have  been 
begun  on  the  main  line  this  Agreement  is  to  become  null  and  void. 

Of  the  proceeds  realized  from  the  sale  of  the  Bonds  after  deducting 
so  much  of  them  as  may  be  required  to  be  kept  in  England  for  the 
purchase  of  materials  and  payments  of  contracts  there,  such  amounts 
as  may  be  estimated  and  certified  to  by  the  Engineer-in-Chief  to  the 
Board  of  Commissioners  hereafter  mentioned  as  being  actually  required 
for  the  construction  of  any  particular  section  of  the  main  line,  shall 
be  ordered  by  the  Board  of  Commissioners  after  consideration  to  be 
transferred  to  Shanghai  to  be  kept  in  the  Hongkong  and  Shanghai 
Bank  or  such  bank  or  banks  as  may  be  mutually  agreed .  upon  and 
placed  to  the  credit  of  the  construction  account  of  the  Railway  Admin- 
istration for  the  exclusive  purpose  of  building  such  section  or  sections 
of  the  Railway  herein  provided  for  under  the  supervision  of  the  Board 
of  Commissioners. 

On  each  occasion  of  a  remittance  being  made  to  China  the  amount 
realized  in  Sycee  will  be  reported  to  the  Director-General,  and  any 
portion  which  may  not  be  required  shall  be  placed  at  interest.  Simi- 
larly the  balance  in  England  shall  be  placed  at  interest. 

The  accounts  of  the  money  spent  from  time  to  time  in  England  and 
of  the  money  transferred  to  the  credit  of  the  construction  and  other 
accounts  for  use  in  China  are  to  be  submitted  quarterly  teethe  Board 
of  Commissioners  for  examination  and  for  report  to.  the  Director  Gen- 
eral for  the  information  of  the  Wai-Wu  Pu  and  for  his  further  report 
to  the  Board  of  Revenue  and  the  Bureau  of  Mines  for  record  therein, 
after  such  accounts  have  been  approved  and  signed  by  him. 
27938—04 19 


290     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Article  5. 

The  dates  of  the  Bonds  mentioned  in  Article  1  and  of  the  Certificates 
mentioned  in  Article  12  of  this  Agreement  shall  be  of  even  date  with 
this  Agreement.  Interest  shall  begin  to  run  upon  the  Bonds  only 
from  the  date  of  their  respective  sales  and  deliveries  to  the  public,  and 
due  adjustment  of  such  interest  will  then  be  made  with  respective 
purchasers  for  any  fractional  period  of  time  thereafter  covered  by  the 
coupon  next  maturing.  For  the  purpose  of  such  adjustment  the  then 
current  interest  may  be  reckoned  from  the  nearest  first  or  fifteenth 
day  of  the  month  in  which  the  sale  .and  delivery  occur  as  the  case 
may  be. 

Coupons  which  have  theretofore  matured  are  to  be  cancelled  and 
delivered  to  the  Chinese  Minister  in  London  for  transmission  to  the 
Railway  Administration. 

As  to  the  form  of  Bond,  it  is  to  be  agreed  upon  by  the  Director 
General  or  by  the  Chinese  Minister  in  London  and  the  British  and 
Chinese  Coi-poration  at  the  same  time  as  this  Agreement  is  signed, 
but  if  hereafter  the  money  markets  in  London  or  other  countries 
require  the  modification  of  the  form  of  the  Bond,  except  in  anything 
that  affects  the  amount  of  the  Loan,  the  rate  of  interest,  the  period  of 
the  Loan  and  the  liability  of  the  Chinese  Government  which  are  not 
to  be  touched  at  all,  such  slight  modifications  may  be  made  to  meet 
the  views  of  the  money  markets  by  the  Corporation  in  consultation 
with  the  Chinese  Minister  in  London. 

Any  modifications  are  to  be  reported  at  once  by  the  Corporation  to 
the  Director  General  for  the  approval  of  the  Wai-Wu-Pu. 

The  Bonds  and  the  net  profit  Certificates  referred  to  in  Article  12 
are  to  be  .engraved  entirely  in  the  English  language  and  shall  bear 
the  fac-simile  of  the  signature  of  the  Director  General  and  of  his  seal 
of  office  in  order  to  dispense  with  the  necessity  of  signing  them  all  in 
person.  But  the  Chinese  Minister  in  London  is  to  sign  each  of  the 
Bonds  and  Certificates  and  put  his  seal  thereon  as  required  as  a  proof 
that  the  issue  and  sale  of  these  Bonds  as  well  as  the  Certificates  are 
duly  authorized  and  binding  upon  the  Chinese  Government. 

Such  Bonds  or  net  profit  Certificates  are  to  be  numbered  consecu- 
tively, and  as  man}?^  Bonds  or  Certificates  as  may  be  needed  are  to  be 
properly  engraved  under  the  supervision  of  the  Coiporation. 

The  Loan  Bonds  herein  referred  to  as  soon  as  they  are  engraved  and 
signed  ancl*sealed  by  the  Chinese  Minister  in  London,  as  hereinbefore 
provided,  are  to  be  countersigned  by  the  Coi'poration. 

The  Chinese  Minister  in  London  and  the  Corporation  are  to  agree 
upon  the  selection  of  a  proper  Safe  Deposit  in  London  to  keep  these 
Bonds  subject  to  the  needs  and  requirements  of  the  Corporation,  so  as 
to  enable  it  during  the  progress  of  the  construction  to  sell  these  Bonds 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.   291 

after  having  been  signed  and  sealed  by  the  Chinese  Minister  in  London 
in  separate  lots  from  time  to  time  or  hypothecate  the  same  in  order 
to  raise  money  to  pay  for  the  construction  of  the  railway  or  any  of 
the  branch  lines  as  may  have  been  approved  by  the  Director-General. 

When  the  second  and  subsequent  issues  are  about  to  be  made,  if  the 
Corporation  receives  suflScient  notice  from  the  Director  General  that 
subjects  of  China  wish  to  take  up  a  portion  of  the  issue,  the  necessary 
amount  of  Bonds  w^ill  be  set  aside  for  Chinese  subscribers  to  whom 
the  Bonds  will  be  sold  at  the  same  price  and  on  the  same  conditions  as 
those  sold  to  the  public  in  London.  If  possible  arrangements  will  >)e 
made  for  issuing  these  Bonds,  and  paying  the  interest  thereon,  in 
China,  at  the  current  rate  of  the  day. 

The  amount  of  the  Loan  is  fixed  at  £3,250,000  for  the  purpose  of 
constructing  and  equipping  the  main  line  of  the  Shanghai-Nanking 
Railway  in  accordance  with  the  survey  and  estimates  of  the  Engineer- 
in-Chief  as  approved  by  the  Director  General. 

The  first  issue  of  Bonds  shall  be  made  in  London  in  such  amount  as 
ma}^  seem  necessary  for  the  work  to  be  undertaken,  but  before  the 
second  or  subsequent  issues  are  made,  the  Corporation  shall  give  sufli- 
cient  notice  to  the  Chinese  Minister  in  London  in  order  that  if  the 
Chinese  Government  has  funds  at  its  disposal  at  the  time,  it  may  place 
such  funds  to  the  credit  of  the  construction  account  of  the  Chinese 
Railway  Administration  to  be  used  in  the  same  manner  as  the  pro- 
ceeds of  the  Loan,  and  in  that  event  the  total  amount  of  the  Loan  of 
£3,260,000  shall  be  reduced  by  the  amount  thus  supplied  by  the 
Chinese  Government. 

It  is  also  agreed  that  the  moderate  charge  for  the  safe  deposit  of  the 
Bonds  is  to  be  paid  from  the  general  accounts  of  the  Railwa}^ 
Beyond  this  all  expense  for  the  engraving  and  the  sale  of  the  Bonds 
and  such  like  are  to  be  borne  by  the  Corporation.  On  withdrawal 
or  deliveries  of  Bonds  the  Safe  Deposit  Company  shall  notify  the 
Chinese  Minister  in  London. 

Article  6. 

When  the  work  of  construction  is  ready  to  begin  the  Director 
General  shall  appoint  a  Board  for  supervising  the  construction  and 
operation  of  the  Railway  to  be  called  the  Board  of  Commissioners, 
whose  head  office  shall  be  at  Shanghai.  The  members  thereof  shall 
be  five,  of  whom  two  are  to  be  Chinese,  one  to  be  appointed  l)y  the 
Director  General  and  one  by  the  Director  General  in  consultation 
with  the  High  Authorities  of  the  province  through  which  the  line 
passes,  and  besides  the  Engineer-in-Chief  there  shall  be  two  British 
members  selected  and  appointed  by  the  Corporation.  The  salaries  of 
these  five  members  are  to  be  fixed  by  the  Director  General  and  the 
Corporation  and  to  be  paid  from  the  general  accounts  of  the  Railway, 


292   TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

The  regulations  for  the  guidance  of  the  Board  of  Commissioners  shall 
be  subsequently  drawn  up  by  the  Director  General  in  consultation 
with  the  Agent  of  the  British  and  Chinese  Corporation.  In  case  of 
disagreement  between  the  Chinese  and  British  members  the  matter 
shall  be  referred  to  the  Director  General  and  the  Agent  of  the  Corpo- 
ration resident  in  China  for  adjustment  in  an  amicable  way. 

The  appointments  and  functions  of  all  the  employees  of  the  Railway, 
Chinese  and  foreigners,  with  the  exception  of  the  Engineer-in-Chief, 
who  shall  be  nominated  l)y  the  Cori)oration  and  approved  by  the 
Director  General,  as  well  as  their  salaries  including  those  of  the  offi- 
cials of  high  rank  referred  to  in  the  following  paragraphs  are  to  be 
made  and  fixed  by  the  Board  of  Commissioners  and  reported  to  the 
Director  General.  In  the  case  of  important  appointments  the  same 
shall  be  first  reported  to  the  Director  General  by  the  Chinese  members 
of  the  Board. 

In  addition  to  the  Board  of  Commissioners  the  Viceroy  (the  Super- 
intendent of  Southern  Ti*ade)  may  also  appoint  an  official  of  equal 
rank  with  the  above  mentioned  two  Chinese  officials,  whose  duty  will 
be  to  make  report  for  the  information  of  the  High  Provincial  Authori- 
ties on  the  state  of  the  Railway  accounts,  the  progress  of  the  work, 
and  the  management  of  the  Railway.  To  this  end  he  will  be  granted 
every  facilit}'^  by  the  Board  of  Commissioners  who  will  always  give 
him  access  to  the  records  of  the  head  office  at  Shanghai.  But  this 
official  shall  not  in  any  way  interfere  with  the  Board  in  the  perform- 
ance of  its  duties.  The  salary  of  this  officer  shall  be  the  same  as  that 
of  the  two  Chinese  members  of  the  Board,  and  be  paid  out  of  the 
Railway  Account. 

The  functions  of  the  Engineer-in-Chief,  who  will  at  all  times  give 
courteous  consideration  to  the  wishes  of  the  High  Provincial  Authori- 
ties and  the  Director  General,  shall  be  limited  to  the  construction  and 
opei-ation  of  the  line,  and  the  management  of  affairs  connected  with 
the  railway.  No  foreigners  employed  in  the  railway  shall  be  allowed 
to  treat  Chinese  officials  with  disrespect,  or  interfere  in  local  affairs, 
or  usurp  the  authority  of  local  officials,  and  should  any  such  be  guilty 
of  riotous  conduct  or  of  wounding  and  maining  Chinese,  the  same  shall 
be  dismissed  on  complaint  being  made  by  the  Director  General. 

As  the  progress  of  construction  reaches  any  particular  province  the 
appointment  under  the  Imperial  sanction  of  a  Chinese  official  of  high 
rank  shall  be  made  in  such  province  by  the  Director  General  for  facili- 
tating the  settlement  of  any  local  matter  with  the  Provincial  Govern- 
ment concerned. 

For  the  service  of  the  railway  any  Chinese  of  official  rank  and 
competent  for  the  work  may  be  recommended  by  the  Board  of  Com- 
missioners to  the  Director  General  for  employment  under  the  formality 
of  a  letter  of  appointment. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      293 

For  the  important  offices  of  the  Railway  foreigners  of  ability  and 
experience  shall  be  employed.  In  the  engineering  and  traffic  depart- 
ments competent  Chinese  may  also  be  employed  and  all  employees, 
whether  Chinese  or  foreigners,  if  incompetent  in  their  work  or  unsat- 
isfactory in  their  behaviour,  may  be  dismissed  at  any  time  b}^  the 
Board  of  Commissioners  and  the  dismissal  shall  be  reported  to  the 
Director  General.  The  Chinese  and  British  members  of  the  Board 
when  ill  or  absent  may  be  represented  at  the  Board  by  available  sub- 
stitutes. In  the  case  of  the  Chinese  members  the  substitutes  must  be 
approved  by  the  Director  General,  and  in  the  case  of  the  British 
members  by  the  Corporation. 

When  deemed  necessary  a  school  for  the  education  of  Chinese  in  the 
construction  and  working  of  railways  shall  be  undertaken  by  the 
Board  of  Commissioners,  subject  to  report  and  approval  by  the 
Director  General. 

The  accounts  of  the  receipts  and  disbursements  of  the  railway  are 
to  be  kept  by  a  chief  accountant  whose  records  and  books  are  at  all 
times  open  to  the  inspection  and  examination  of  the  Board  of  Com- 
missioners. All  the  accounts  of-  the  i*ailway  construction  and  opera- 
tion are  to  be  kept  in  Shanghai  currency  in  the  English  and  Chinese 
languages  with  the  combined  signatures  of  a  Chinese  and  British 
official.  The  staff  of  the  Chief  Accountant's  department  shall  be 
composed  of  Chinese  and  foreigners,  who  must  be  satisfactory  and 
reliable  men. 

Article  7. 

Under  the  provisions  of  article  3  of  this  agreement  the  properties 
covered  by  the  first  mortgage  security  hereby  created  include  the  rail- 
way, its  property  and  equipment,  said  mortgage  to  be  executed  by  a 
deed  in  the  usual  form  as  contemplated  by  the  said  article.  But  sub- 
ject to  the  guarantee  and  mortgage  thus  given  by  the  Chinese  Gov- 
ernment, it  is  hereby  declared  that  this  railway  is  in  fact  a  Chinese 
property. 

All  the  lands  that  may  be  required  for  a  double  line  of  railway  from 
Shanghai  to  Nanking  and  for  the  double  track-sidings,  stations,  repair- 
ing shops  and  carsheds  to  be  provided  for  in  accordance  with  the 
detailed  plans  now  made  or  hereafter  to  be  made  by  the  Engineer-in- 
Chief  and  approved  by  the  Director  General  shall  be  acquired  by  the 
Railway  Administration  whether  in  whole  or  in  part  according  to  the 
means  at  its  disposal  at  the  actual  cost  price  of  the  land. 

The  titles  to  the  land  for  the  line  and  of  all  other  lands  shall  be  free 
from  all  encumbrances  or  entanglements,  and  shall  from  time  to  time 
as  soon  as  secured  be  registered  in  the  name  of  the  railway. 

Notices  of  such  purchases  (together  with  corresponding  title  deeds) 
are  to  be  transmitted  by  the  Bailway  Administration  under  the  direc- 
tion of  the  Director  General  to  the  local  agent  of  the  Corporation  for 


294     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

record  and  preservation  in  its  office  in  Shanghai,  and  for  the  purpose 
of  establishing  the  first  mortgage  security  (and  thereafter  for  the 
return  to  the  Railway  Administration),  as  hereinafter  in  this  article 
provided  in  respect  of  railway  lands  and  properties.  When  the  term 
of  this  agreement  expires  all  the  title  deeds  shall  be  surrendered  and 
returned  to  the  Railway  Administration. 

The  amount  to  be  advanced  to  the  Chinese  Railway  Administration 
for  any  land  within  the  survey  limits  shall  altogether  not  exceed  the 
sum  of  £150,000  for  which  yearly  interest  at  the  rate  of  six  per  cent, 
shall  be  allowed  from  the  receipts  of  the  railway.  It  is  understood 
that  any  land  bought  by  the  Chinese  Railway  Administration  with 
their  own  money  outside  of  the  survey  limits,  but  needed  for  future 
requirements,  shall  be  on  the  Chinese  Administration's  own  account 
and  no  interest  shall  be  allowed  on  the  price  thereof. 

It  is  further  agreed  that  if  the  British  and  Chinese  Corporation  is 
called  upon  to  provide  means  for  the  acquisition  of  the  lands,  whether 
by  the  sale  of  bonds  or  b}'  advances  from  other  sources,  the  Chinese 
Government  guarantees  to  procure  and  protect  all  the  lands  that  are 
required  for  the  line  of  railway. 

AH  lands,  the  title  deeds  of  which  are  lodged  with  the  Corporation 
as  part  of  the  first  mortgage  security  of  the  Loan,  shall  not  be  dis- 
posed of  in  any  way  by  hire,  lease  or  sale  to  any  party  for  any 
purpose  whatever  without  the  written  qonsent  of  the  Chinese  Admin- 
istration. 

It  is  also  agreed  that  the  lands  thus  bought,  whether  from  Chinese 
or  British  advances,^  shall  be  free  from  all  entanglements  arising  from 
the  removal  of  graves  or  from  prejudices  of  "fengshui",  and  shall  be 
conveyed  by  full  and  sufficient  deeds  of  assignment  according  to 
Chinese  Law,  all  of  which  are  to  be  kept  and  recorded  in  the  Shanghai 
office  of  the  British  and  Chinese  Corporation,  and  to  be  held  by  it  as 
a  first  mortgage  security  for  the  Bonds  under  the  provisions  of  this 
Agreement  until  such  time  as  principal  and  interest  of  the  Bonds, 
together  with  all  indebtedness,  shall  have  been  paid  ofif,  when  the 
same  shall  then  be  returned  to  the  Chinese  Railway  Administration. 

For  the  proper  protection  of  the  first  mortgage  security  the  Chinese 
Government  undertakes  that  until  the  Bonds  shall  have  been  redeemed 
and  the  net  profits  on  the  net  profit  Certificates  shall  have  been  paid, 
no  part  of  the  lands  comprised  in  the  mortgage  security  or  the  railway 
with  its  appurtenances  shall  be  transferred  or  given  to  another  party, 
or  shall  be  injured  or  that  the  rights  of  the  first  mortgage  shall  be 
in  any  way  impaired. 

It  is  likewise  agreed  that  until  the  interest  and  principal  of  the 
Loan  and  all  indebtedness  shall  have  been  paid  off,  or  unless  with  the 
express  consent  in  writing  of  the  Corporation,  the  Chinese  Govern- 
ment or  the  Chinese  Railway  Administration  shall  not  again  mortgage 
the  above  properties  to  another  party,  whether  Chinese  or  foreign. 


TREATIES  AJXB  CONVENTIONS  WITH  CHINA  AND  KOREA.      295 

During  the  period  of  this  Agreement  no  special  taxes  shall  be  levied 
by  the  Chinese  Government  on  the  Railway,  its  appurtenances  or. 
earnings;  but  all  taxes  at  present  payable,  such  as  land  tax  as  well  as 
any  taxes  which  the  Chinese  Government  may  hereafter  institute, 
such  as  stamp  duty  etc. ,  and  which  may  be  applicable  generally  to 
all  commercial  transactions  in  China,  shall  also  apply  in  the  case  of 
the  Railway  and  its  operations. 

The  first  expense  in  railway  construction  being  the  purchase  of  land, 
it  is  agreed  that  as  soon  as  the  survey  is  made  the  Corporation  shall 
advance  to  the  Railway  Administration  sums  as  required  to  pay  for 
the  land  purchased.  For  such  advances  the  Woosung  railway  with 
all  its  property  shall  be  given  as  first  mortgage  security,  and  interest 
at  the  rate  of  six  per  cent  per  annum  shall  be  allowed  until  the  first 
portion  of  the  loan  has  been  floated  when  such  advances  shall  be  repaid 
from  the  first  proceeds  of  the  loan. 

As  owing  to  the  unwillingness  of  owners  to  sever  their  land  it  may 
become  necessary  for  the  Railway  Administration  to  acquire  more  land 
than  is  actually  necessary  for  railway  purposes  the  Railway  Adminis- 
tration may  do  so  in  view  of  future  requirements,  but  it  is  understood 
that  any  land  bought  from  funds  so  advanced,  out  of  the  survey  limits, 
shall  be  on  the  Chinese  Administmtion's  own  account.  When  the 
purchase  of  all  the  land  is  completed,  and  the  total  amount  thus 
expended  is  ascertained,  an  additional  issue  of  Bonds  for  an  amount 
not  exceeding  iJ250,000,  including  the  £160,000  referred  to  in  this 
article,  shall  be  made  in  order  to  repay  the  sums  spent  in  the  purchase 
of  land. 

Such  Bonds  shall  be  similar  to  the  Bonds  mentioned  in  Article  1  of 
this  agreement,  and  shall  have  the  same  guarantee  and  same'mortgage 
security  and  same  treatment,  with  however  this  difference  that  they 
shall  be  redeemable  at  par  at  any  time  on  giving  six  months'  notice, 
and  that  the  rate  of  interest  shall  be  six  per  cent  per  annum.  The 
interest  on  such  portions  of  this  loan  as  is  applied  to  the  purchase  of 
land  outside  of  the  Engineer-in-Chief  s  survey  shall  in  the  first  place 
be  paid  out  of  the  Chinese  share  of  the  net  profits  of  the  railwa}''  and 
failing  this,  then  out  of  the  earnings  of  the  railway. 

As  the  object  which  the  Railway  Administration  has  in  view  is  that 
all  railway  lands  should  be  Chinese  property  the  additional  loan  of 
£260,000  shall  be  paid  off  as  soon  as  practicable.  Nevertheless, 
although  such  bonds  may  be  redeemed,  the  laud  occupied  by  the  rail- 
way within  the  survey  limits  shall  continue  as  mortgage  security 
under  the  terms  of  this  Agreement. 

Abticle  8. 

It  is  agreed  that  if  the  half  yearly  interest  of  the  Bonds  is  not  paid 
on  any  due  date  thereof  or  if  the  principal  of  the  Loan  remains 
unpaid  at  maturity  of  the  same,  the  whole  Railway  with  all  its  appur- 


296     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

tenances  herein  mortgaged  to  the  British  and  Chinese  Corporation  for 
.  the  Bondholders  shall  be  handed  over  to  the  Corporation  to  be  dealt 
with  by  it  according  to  law  in  such  manner  as  will  insure  the  proper 
protection  of  the  interests  of  the  Bondholders.  When  the  whole 
Loan  and  the  interest  due  thereon  and  all  indebtedness  shall  have 
been  paid  off,  the  Railway  with  all  its  appurtenances  in  good  working 
condition  shall  revert  to  the  possession  and  management  of  the  Chinese 
according  to  the  provisions  of  this  Agreement. 

Article  9. 

As  remuneration  for  superintendence  and  services,  the  Corporation 
shall  receive  five  per  cent  on  the  entire  cost  of  all  materials  purchased 
for  the  railway. 

It  is  agreed  that  all  materials  required  for  the  railway  shall  be  pur- 
chased in  the  open  market  at  the  lowest  price  obtainable,  but  it  is 
understood  that  all  such  materials  shall  be  of  good  and  satisfactory 
quality.  Invoice  and  inspector's  certificates  are  to  be  submitted  to 
the  Chinese  Administration. 

With  a  view  to  encouraging  Chinese  industries,  Chinese  materials 
are  to  be  preferred  as  also  the  products  of  the  Han-yang  Iron  works, 
provided  price  and  quality  are  suitable. 

No  commission  will  be  allowed  to  the  Corporation  on  the  purchase 
of  materials  except  as  herein  provided.  All  trade  discounts  or 
rebates  if  any  are  to  go  to  the  construction  account. 

Article  10. 

In  the  construction  of  the  line,  in  the  working  of  the  railway,  and 
in  the  performance  of  the  different  kinds  of  business  connected  with 
the  railway,  no  interference  or  obstruction  by  Chinese  or  foreigners 
will  be  permitted.  The  Chinese  Government  will  provide  protection 
for  the  line  while  in  construction  or  when  in  operation,  and  all  the 
properties  of  the  railway,  the  combined  enterprise  of  the  Chinese 
Administration  and  British  and  Chinese  Corporation,  as  well  as  all 
foreigners  and  Chinese  employed  therein  are  to  enjoy  the  utmost  pro- 
tection from  the  local  officials,  civil  and  military,  in  the  provinces 
through  which  the  railway  passes,  particularly  on  occasions  of  local 
disturbance  or  of  obstruction  by  natives. 

The  Board  of  Commissioners  are  authorized  to  maintain  a  Railway 
police  of  Chinese  with  Chinese  officers  for  the  protection  of  the  line. 
Their  wages  and  maintenance  are  to  be  wholly  defrayed  by  the  Rail- 
way. In  the  event  of  the  Railway  requiring  further  protection  by 
the  military  forces  of  the  Imperial  or  Provincial  Governments,  the 
same  will  be  duly  applied  for  by  the  Director  General  and  promptly 
afforded,  it  being  understood  that  such  military  forces,  although  trans- 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      297 

pointed  free  by  the  Railway,  are  to  be  maintained  at  the  expense  of  the 
Government  or  the  Province,  as  the  case  may  be. 

The  Railway  police  may  not  interfere  with  matters  outside  the 
Railway. 

Article  11. 

In  connection  with  the  Railway  there  shall  be  established  and  main- 
tained a  proper  signalling  service,  which  shall  include  such  telephone 
and  telegraph  conveniences  as  may  be  found  necessary  to  use  along 
the  line  of  the  Railway  and  its  branches  for  the  exclusive  purpose 
of  regulating  the  movement  of  trains  and  other  incidental  business  of 
the  Railway,  and  such  telephones  and  telegraphs  shall  not  be  used  in 
or  interfere  with  the  rights  and  privileges  of  the  Telegraph  Adminis- 
tration. 

It  is  further  agreed  that  the  Corporation  may  in  consultation  with 
the  Director  General  also  establish  and  maintain  in  connection  with 
such  Railway  or  its  branches  such  other  necessary  adjuncts  of  modern 
railway  operation  as  it  may  find  expedient  for  the  support  of  the 
Railway,  such  as  repair  and  manufacturing  shops,  docks,  steamers, 
ferries,  storage  warehouses,  etc. 

Article  12. 

It  is  agreed  that  after  deducting  from  the  income  of  the  Railway 
the  working  and  other  expenses  as  described  below,  the  Corporation 
shall  receive  twenty  per  cent  of  the  net  profits  to  be  represented  by 
and  in  form  of  Certificates  to  an  amount  equal  to  one-fifth  of  the  cost 
of  the  line.  These  Certificates  carrying  no  interest,  they  are  to  have 
a  term  of  fifty  years  a^d  a  declared  face  value  of  £100  each,  and  are 
to  be  issued  to  the  Corporation  at  the  same  time  as  the  Loan  *Bonds 
and  in  amount  proportionate  to  the  respective  series  of  such  Bonds  to 
the  amount  of  one-fifth  of  the  aggregate  thereof.  And  it  is  under- 
stood that  if  there  is  an  issue  of  the  Loan  Bonds  in  excess  of  the 
requirements  of  the  Railway  and  such  excess  is  retired  or  cancelled,  a 
like  proportion  of  these  Certificates  shall  likewise  be  subject  to  retire- 
ment. 

Before  the  expiration  of  the  term  of  fifty  years  the  Chinese  Admin- 
istration shall  have  the  right  at  any  time  to  redeem  these  Certificates 
at  their  face  value.  After  the  expiration  of  fifty  years  the  certificates 
shall  be  null  and  void  and  need  not  be  redeemed,  but  if  any^  net  profits 
shall  have  accrued  on  such  Certificates  prior  to  their  redemption  oi 
maturity,  said  accrued  net  profits  must  be  paid  before  the  same  are 
cancelled. 

The  Chinese  Railway  Administration  is  entitled  to  issue  and  receive 
like  net  profit  Certificates  (to  be  in  form  appropriate  for  use  in  China 
and  unlimited  in  their  term,  as  also  without  redemption  features)  to  an 


298  TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

amount  equal  to  the  remaining  four-fifths  of  the  Loan.  These  Chinese 
Certificates  may  be  issued  in  whole  or  in  part  whenever  desired  b}''  the 
Director  General,  but  the  net  profits  will  be  retained  and  used  by  the 
Railway  Administration  for  the  purpose  of  accumulating  a  fund  to  be 
derived  from  such  share  of  net  profits  as  may  accrue  thereon  where- 
with to  pay  off  any  Loan  Bonds  which  may  from  time  to  time  be 
redeemed  under  the  provisions  of  this  Agreement,  or  for  generally 
reducing  or  ultimately  discharging  Railway  Loan  obligations,  when- 
ever or  wherever  desirable,  by  means  of  the  profits  of  the  Railway. 
But  sujch  Chinese  Certificates  may  however  be  used  in  part  by  the 
Railway  Administration,  if  necessary,  in  payment  of  lands  which  are 
essential  to  the  Railway  and  which  cannot  otherwise  be  conveniently 
acquired  by  it. 

The  yearly  income  of  the  Railway  shall  be  subject  to  a  deduction  of 
all  working  expenses,  cost  of  maintaining  and  repairing  the  Railway, 
renovating  or  replenishment  of  engines  and  rolling  stock,  and  all 
expenditure  connected  with  the  business  of  the  Railway,  and  subject 
to  the  payment  of  interest  on  the  Bonds  at  five  per  cent  per  annum 
(and  of  interest  of  six  per  cent  per  annum  on  the  coat  of  the  land  pro- 
vided by  the  Chinese  Administration,  or  provided  by  an  advance  from 
the  British  and  Chinese  Corporation),  whatever  is  left  of  the  gross 
income  is  considered  to  be  net  profits,  of  which  one-fifth  is  to  be  given 
to  the  Corporation  for  disposal  as  it  may  see  fit.  If  the  Loan  Bonds 
shall  have  been  all  redeemed  according  to  the  provisions  of  this  Agree- 
ment before  the  net  profit  Certificates  issued  to  the  Corporation  have 
been  redeemed,  or  shall  have  lapsed  by  effluxion  of  time,  the  Corpora- 
tion shall  be  permitted  to  have  a  representative  in  the  Railway  office 
(whose  salary  is  to  be  paid  by  the  Railway  Administration)  to  inspect 
the  accounts  of  the  Railwa3\ 

The  duties  of  this  officer  are  those  of  an  accountant  who  is  to  pro- 
tect the  interests  of  the  foreign  holders  of  net  profit  Certificates  until 
such  time  as  these  Certificates  shall  have  all  been  redeemed  or  lapsed 
by  effluxion  of  time,  when  the  services  of  such  accountant  shall  be 
dispensed  with. 

Article  13. 

The  British  and  Chinese  Corporation  are  hereby  appointed  trustees 
for  the  Bondholders  and  holders  of  net  profit  Certificates,  and  in  any 
future  negotiations  respecting  these  Loans  or  matters  arising  in  con- 
nection therewith,  which  may  take  place  between  the  Railway  Admin- 
istration and  the  Corporation,  the  latter  Corporation  shall  be  taken  as 
representing  the  Bondholders  and  holders  of  net  profit  Certificates  and 
as  empowered  to  act  on  their  behalf. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      299 

Article  14. 

All  materials  of  any  kind  that  are  required  fot*  the  construction  of 
the  main  line  or  branch  lines,  whether  imported  from  abroad  or  from 
the  provinces  to  the  scene  of  the  work,  shall  (following  the  precedent 
of  the  Northern  Kailway)  be  exempted  from  Customs  duty  and  Likin. 
The  Bonds  of  this  Loan  together  with  their  coupons,  the  net  profit 
Certificates  and  the  income  of  the  Railway  shall  be  free  from  imposts 
of  any  kind  by  the  Government  of  China. 

As  to  the  Likin  for  goods  or  passengers  which  may  be  transported 
over  the  lines  from,  to  or  through  the  different  provinces,  the  Director 
General  will  confer  with  the  Government  Bureau  of  Mines  and  Rail- 
ways and  the  Board  of  Revenue  with  a  view  to  devising  means  to 
protect  the  traffic  of  the  Railway  and  those  who  may  use  the  Railway 
for  the  transport  of  their  goods  from  illegal  impositions  and  other 
abuses. 

If  the  arrangements  for  the  levy  of  Likin  over  other  Railway  lines 
is  found  to  be  more  advantageous  than  that  of  the  Railways  mentioned 
in"  this  Agreement,  the  same  advantages  shall  be  extended  to  and 
enjoyed  by  the  Shanghai-Nanking  Railway  and  by  those  who  make  use 
of  the  same. 

Article  15. 

It  is  agreed  that  during  the  time  of  the  construction  of  the  line  the 
yearly  five  per  cent  interest  on  the  Bonds  and  six  per  cent  interest  on 
the  amount  spent  in  the  purchase  of  the  land  are  to  be  paid  from  the 
proceeds  of  the  Loan.  The  accruing  interest  from  any  proceeds  of  the 
Loan  not  used  during  the  period  of  construction  and  the  earnings 
from  the  working  of  any  sections  as  they  are  built  are  to  be  used  to 
make  up  the  amount  required  for  the  payment  of  the  said  interest  and 
if  any  deficiency  remains  it  is  to  be  met  from  the  proceeds  of  the  Loan. 

When  the  construction  of  the  line  is  wholy  completed  the  interest 
on  the  Bonds  and  on  moneys  spent  in  purchasing  the  land  are  to  be 
paid  from  the  earnings  of  the  line  every  half  year  on  the  first  day  of 
June  and  the  first  day  of  December. 

It  is  hereby  agreed  that  the  amount  required  for  the  payment  of 
interest  and  repayment  of  principal  together  with  a  sum  of  one  quarter 
of  one  per  cent  on  such  amounts  to  cover  commission  to  the  Hongkong 
and  Shanghai  Banking  Corporation,  who  are  hereby  appointed  agents 
for  the  service  of  repaying  the  Loan,  shall  be  paid  to  them  in  Shanghai 
fourteen  days  before  the  due  dates  in  Shanghai  sycee  sufficient  to  meet 
such  payments  in  sterling  in  London,  exchange  for  which  shall  be  set- 
tled with  the  Hongkong  and  Shanghai  Banking  Corporation  on  the 
said  date  of  payment  at  the  rate  fixed  at  the  time  of  settlement. 


300      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

The  Chinese  Government  undertakes  and  hereby  promises  to  pay 
the  principal  of  the  Loans  and  the  interest  on  the  Loans  on  the  due  dates 
fixed  therefor.  If  at  any  time  the  earnings  of  the  Railway  and  pro- 
ceeds of  the  Loan  are  not  sufficient  to  pa}'^  the  interest  of  the  Bonds 
the  Railway  Administration  is  to  devise  means  for  supplying  the 
deficienc}'  and  should  its  inability  to  do  so  appear  probable,  the 
Director  General  will  memorialize  the  Government  to  take  measures 
to  make  up  the  deficiency  from  other  sources,  and  thus  be  ready  to 
pay  off  the  indebtedness,  so  that  the  required  amount  may  be  placed 
in  each  case  at  least  fourteen  days  previous  to  the  due  date  of  such 
interest  in  the  hands  of  thef  Hongkong  and  Shanghai  Banking  Cor- 
poration in  Shanghai. 

Article  16. 

In  places  along  the  line  of  Railway  where  the  Hongkong  and 
Shanghai  Banking  Corporation  has  no  agencies  and  where  it  does  not 
intend  to  establish  any  agencies,  business  relations  are  to  be  cultivated 
with  the  Chinese  Imperial  Bank  and  its  local  agencies,  it  being  the 
intention  of  the  British  and  Chinese  Corporation  to  utilize  the  Imperial 
Bank  as  much  as  practicable  for  facilitating  the  moyement  of  funds. 

Article  17. 

The  Corporation  may,  subject  to  all  its  obligations,  transfer  or  del- 
egate all  or  any  of  its  rights,  powers,  and  discretions  to  their  suc- 
cessors or  assigns,  but  the  Corporation  which  is  a  Corporation  formed 
under  English  Law  shall  not  transfer  its  rights  under  this  Agreement 
or  the  management  of  the  Railway  to  other  Nations,  or  people  of  any 
nationality  except  British  or  Chinese.  Similarly  the  Railway  Admin- 
istration shall  not  transfer  any  of  its  rights  under  this  Agreement  to 
persons  of  other  nationality. 

It  is  further  agreed  that  without  the  express  consent  in  writing  of 
the  Director  General  and  the  British  and  Chinese  Corporation,  no 
other  rival  railway  detrimental  to  the  business  of  the  same  is  to  be 
permitted,  and  no  parallel  line  to  the  Shanghai-Nanking  Railway  is  to 
be  allowed  to  the  injury  of  the  latter's  interest  within  th^  area  served 
by  the  Shanghai-Nanking  main  line  or  branch  lines. 

Article  18. 

If  on  account  of  contingencies  be^^ond  the  control  of  the  Corpora- 
tion, such  as  war  or  very  great  political  changes  in  China  or  else- 
where, occurring  before  the  publication  of  the  prospectus  of  the  issue 
of  an  important  series  of  bonds  of  the  loan  hereby  concerned,  the  for- 
eign money  markets  are  affected,  or  the  construction  of  the  Railway 
is  so  obstructed  that  work  cannot  be  carried  on,  the  Corporation  will 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      301 

be  allowed  a  reasonable  extension  of  time  for  floating  such  loan  or  the 
bond  issues  thereof,  or  for  the  commencement  or  completion  of  the 
construction  of  the  Railway.  But  if  Bonds  have  already  been  issued 
and  interest  already  become  paj^able  thereon,  then  the  work  cannot 
be  suspended  or  postponed  unless  subject  to  the  exceptions  mentioned  s- 
in  the  preceding  paragraphs. 

When  the  Agreement  has  been  ratified  the  work  shall  be  begun  as 
soon  as  possible,  and  if  the  Chinese  Railway  Administration  desire 
each  section  will  be  pushed  on  as  rapidly  as  practicable.  From  the 
date  of  ratification  a  limit  of  five  years  shall  be  allowed  for  the  com- 
pletion of  the  whole  line,  subject  to  the  preceding  exceptions  mentioned 
in  this  article,  and  if  this  period  is  exceeded  unless  with  the  consent  of 
the  Chinese  Administration,  the  Corporation  shall  forfeit  its  one-fifth 
share  of  net  profits  already  earned  during  the  previous  five  years, 
and  shall  not  begin  to  participate  in  such  net  profits  until  the  line 
has  been  completed. 

Article  19. 

In  the  working  of  the  Railway  the  tariff  for  fares  and  freights  is  to 
be  prepared  by  the  General  Traffic  Manager  and  submitted  to  the 
Board  of  Commissioners  who  shall  after  due  consideration  of  existing 
tariffs  of  other  railways  in  China  approve  an  economical  rate. 

The  General  Traffic  Manager  is  likewise  authorized  to  make  arrange- 
ments subject  to  the  approval  of  the  Board  of  Commissioners  with 
connecting  railways  of  other  companies  for  through  rates  of  fare  and 
freight. 

In  case  of  military  operations,  whether  on  account  of  foreign  war  or 
internal  insurrection,  the  movement  of  troops,  ammunition  and  stores 
by  the  Chinese  Government,  and  in  case  of  famine  or  other  great 
public  calamity  the  dispatch  of  relief,  shall  on  the  requisition  of  the 
Director  General  have  preference  over  the  line  at  half  of  the  tariff 
rates. 

Nothing  to  the  injury  of  China  shall  be  allowed  to  be  carried  over 
the  line,  neither  shall  the  line  be  used  to  the  detriment  of  China. 

Article  20. 

In  the  preliminary  Agreement  dated  13  May  1898  (23rd  day  of 

intercalary  3rd  Month  of  the  24th  Year  of  Kwang-Hsu)  it  is  stipulated 

that  the  Railway  Administration  has  the  right  to  redeem  the  Loan  at 

102i  after  12i  years,  and  at  par  after  25  years.     It  is  now  agreed  that 

if  at  any  time  after  the  lapse  of  12i  years  from  the  date  of  the  issue  of 

the  Bonds  the  Chinese  Railway  Administration  receives  instructions 

I  .  from  the  Chinese  Government  to  cancel  any  of  the  Bonds  or  any  of  the 

j  net  profit  certificates,  the  Director  General  shall  not  less  than  six 

!  months  previous  to  the  proposed  redemption  notify  in  writing  the 


302      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Agent  of  the  Corporation  in  Shanghai  declaring  the  number  of  Bonds 
or  the  number  of  net  profit  Certificates  so  required  to  be  redeemed 
and  cancelled. 

The  Agent  of  the  Corporation  shall  immediately  on  receipt  of  such 
notice  in  writing,  proceed  to  make  arrangements  for  the  desired 
redemption  by  dmwing  lots,  and  taking  other  proper  steps  in  the  way 
customaiy  in  London,  of  the  number  of  bonds  or  net  profit  certificates 
in  such  quantity  as  may  be  required.  And  as  soon  as  the  Railway 
Administration  under  instruction  from  the  Chinese  Government  shall 
remit  the  proper  amount  according  to  the  redemption  price  of  the 
Bonds  or  the  redemption  price  of  the  net  profit  certificates  together 
with  the  interest  due  on  the  Bonds,  or  the  net  profits  due  on  the  cer- 
tificates, a  notice  shall  be  published  in  two  of  the  most  prominent 
papers  in  London  and  in  such  other  financial  centres  as  may  be  agreed 
upon  with  the  Chinese  Minister  for  four  weeks.  At  the  expiration  of 
the  four  weeks  and  on  the  day  fixed  for  the  redemption,  the  Corpora- 
tion shall  cause  the  usual  lots  to  be  di-awn  for  the  redemption  of  the 
Bonds  or  certificates  and  shall  pa}''  over  the  respective  prices  of  the 
same  to  their  respective  holders,  and  shall  thus  redeem  the  Bonds  or 
net  profit  certificates  and  cancel  them,  and  thereupon  the  same  are  to 
be  delivered  to  the  Director  General,  or  the  Chinese  Minister  in  Lon- 
don for  return  to  the  Director  General. 

All  the  Loan  Bonds,  and  the  net  profit  certificates  shall  express  that 
they  are  redeemable  at  any  time  on  the  conditions  mentioned  in  the 
preceding  paragraph,  and  shall  state  that  the  payment  of  any  interest 
for  the  Bonds  and  the  participation  of  any  of  the  net  profits  by  the 
certificates  so  drawn  by  lot  entirely  cease  from  the  date  mentioned  by 
the  published  notice  of  the  Corporation.  The  amount  required  for  the 
redemption  shall,  however,  have  to  be  got  ready  and  placed  in  the 
hands  of  the  Hongkong  and  Shanghai  Banking  Corporation  before 
such  redemption  is  carried  out. 

The  Loan  Bonds  if  redeemed  before  25  years  from  the  date  they 
were  originally  issued  shall  be  paid  for  with  a  premium  of  two  and  a 
half  per  cent  over  their  face  value  (i.  e.  £102  10s.  will  be  required  to 
pay  for  £100),  but  after  25  years  from  the  date  of  issue  to  the  expiry 
of  the  term  of  the  Loan  the  bonds  may  be  redeemed  without  payment 
of  any  premium.  If  any  interest  is  still  due  on  any  of  the  Bonds  at 
the  time  of  redemption,  such  interest  shall  have  thereupon  to  be  paid 
in  full.  As  to  the  net  profit  certificates,  if  they  are  redeemed  within 
the  term  of  their  duration  they  are  to  be  paid  for  according  to  their 
face  value,  and  if  such  certificates  run  to  the  end  of  their  term,  they 
become  null  and  void  and  no  price  need  be  paid  on  them  nor  need  they 
be  redeemed,  but  any  net  profits  still  due  on  them  shall  have  to  be 
fully  paid  up  according  to  their  amounts  before  the  same  are  cancelled^ 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      303 

Article  21. 

If  any  proceeds  of  the  sale  of  Bonds  are  lying  unused  and  bearing 
interest  on  their  deposit  whilst  the  construction  of  the  railway  is 
going  on,  such  interest  to  go  to  the  General  Account  of  the  Chinese 
Railway  Administration  in  order  that  the  Railway  Administration  may 
enjo}^  the  full  advantage  thereof. 

It  is  also  agreed  that  if  the  Corporation  shall  find  it  necessar}^,  before 
the  sale  of  any  of  the  Bonds,  to  advance  any  money  for  the  work,  the 
expense  of  effecting  such  advances,  together  with  the  interest  thereon 
not  exceeding  a  charge  of  six  per  cent  per  annum,  shall  be  deducted 
from  the  interest  derived  from  the  above-mentioned  unused  proceeds 
of  the  sale  of  the  Bonds  or  otherwise  to  be  provided  for  in  the  con- 
struction accounts.  It  is  further  agreed  that  the  proceeds  of  the  first 
sale  of  the  Bonds  immediately  following  any  such  advance,  shall  be 
used  to  pay  off  the  said  advances  so  as  to  save  the  cost  of  the  aforesaid 
charge. 

Article  22. 

If  any  of  the  Bonds  still  remain  unredeemed  when  the  fifty  years 
of  the  term  of  the  Loan  are  about  to  expire,  the  Director  General 
will,  within  two  years  preceding  the  expiry  of  the  said  teiin,  negotiate 
by  writing  with  the  Corporation  for  an  extension  of  the  term  of  the 
Loan  and  if  six  months  shall  have  expired  after  such  negotiations  in 
writing  and  no  definite  arrangements  shall  have  been  come  to,  the 
Chinese  Government  shall  be  at  liberty  to  take  steps  to  devise  means 
for  procuring  elsewhere  funds  to  pay  off  the  Loan,  and  to  redeem  the 
Bonds  and  cancel  the  mortgage. 

Article  23. 

The  existing  Woosung-Shanghai  Line,  (as  soon  as  the  price  agreed 
upon  is  ready  to  be  handed  over  to  the  Railwa}'^  Administration)  shall 
be  taken  over  as  part  of  the  Shanghai-Nanking  system,  and  the  earnings 
and  administration  of  this  section  shall  be  treated  in  like  manner  as 
the  Shanghai-Nanking  line.  The  price  of  the  Shanghai- Woosung  line 
shall  be  taken  at  Tls.  1,000,000  and  this  amount  shall  be  paid  to  the 
Chinese  Railway  Administration  out  of  the  proceeds  of  the  Loan. 

Article  24. 

Immediately  after  the  signature  of  this  Agreement  and  before  the 
issue  of  any  Prospectus  of  the  Loan  to  the  public,  the  Director  Gen- 
eral shall  memorialize  the  Throne  and  obtain  an  Imperial  Edict  con- 
firming and  sanctioning  the  provisions  of  this  Agreement.  The 
Imperial  Edict  so  received  shall  then  be  officially  communicated 
without  delay  to  the  British  Minister  in  Peking  by  the  Wai  Wu  Pu. 


304     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

Article  25. 

This  Agreement  is  executed  in  quintuplicate  in  English  and  Chinese, 
one  copy  to  be  retained  by  the  Kailway  Administration,  one  by  the 
Wai  Wu  Pu,  one  by  the  Bureau  of  Railways  and  Mines  at  Peking, 
one  by  the  British  Minister  in  Peking,  and  one  by  the  Corporation, 
and  should  any  doubt  arise  as  to  the  interpretation  of  the  Agreement 
the  English  text  shall  be  accept-ed  as  the  standard. 

Signed  at  Shanghai  by  the  contracting  parties  this  fifteenth  day  of 
the  intercalary  fifth  month  of  the  twenty-ninth  year  of  the  Emperor 
Kwang-Hsu,  being  the  ninth  day  of  July  nineteen  hundred  and  three 
of  the  Western  Calendar. « 

Jardine,  Matheson  &  Co. 
David  Landale. 
For  the  Hongkong  &  Shanghai  Bank, 

H.  M.  Bevis,  Mwnager, 
The  British  &  Chinese  Corporation  Ltd. 
Witness  to  the  Signatures  of  David  Landale  and  H.  M.  Bevis: 
Byron  Brenan. 

«  Contracts  on  the  same  lines  as  the  above  have  been  signed  for  the  construction  of 
lines  from  (1)  Kowloon  to  Canton,  (2)  from  Suchou  to  Hangchou,  and  (3)  from 
Pukou  (on  the  north  bank  of  the  Yang-tze  River  facing  Nanking)  to  Hsin-yang. 
They  have  not  been  made  public.  On  the  Pukou-Hsin-yang  line,  see  supra,  p.  285, 
Art  24. 


No.  40. 

GBEAT  BRITAIN. 

PEKING  SYNDICATE  AGREEMENT.a 

May  21,  1898.' 

Regulations  agreed  upon  by  the  Shansi  Bureau  of  Trade  and  the 
Peking  Syndicate  for  mining  purposes,  ironworks,  and  transporting 
mine  products  of  all  kinds  in  the  Province  of  Shansi.  * 

1.  The  Governor  of  Shansi  having  sanctioned  the  request  of  the 
Shansi  Bureau  of  Trade  for  the  sole  right  to  open  and  work  coal  and 
iron  mines  throughout  the  districts  of  Yu-hsien  and  Ping-ting-chou, 
and  the  Prefectures  of  Luan-fu,  Tsechow-fu  and  Ping-wang-fu  and 
also  petroleum  wherever  found,  the  several  concessions  granted  are 
now  transferred  for  operation  to  the  Peking  Syndicate  for  the  period 
of  sixty  years. 

Mining  engineers  shall  first  be  sent  to  find  in  what  township  and 
hills  the  mines  are  situated  and  what  they  produce,  and  make  maps 
thereof  with  explanations  inserted  which  shall  be 'submitted  to  the  Gov- 
ernor of  Shansi,  that  he  may  see  that  the  proposed  works  are  not  inju- 
rious to  the  place;  and  he  shall  report  thereon  to  the  Tsung-li  YamSn 
for  record,  and  at  the  same  time  issue  a  permit  for  the  mines  to  be 
opened  without  the  least  delay.  If  mining  lands  belong  to  the  people, 
lease  or  purchase  shall  be  made  by  arrangement  with  the  owners  for 
a  reasonable  price;  if  it  be  Government  land,  the  tax  to  be  paid  on  it 
shall  be  double  the  ordinary  land  tax  for  that  locality. 

2.  The  Governor  of  Shansi  has  authorized  the  Bureau  of  Trade  to 
negotiate  a  foreign  loan  not  to  exceed  10,000,000  taels.  Should  the 
mining  engineers  employed  find  this  sum  insuflScient,  the  Bureau  may 
borrow  more  only  of  the  Peking  Syndicate. 

3.  All  matters  of  administration,  exploitation,  employes,  and 
finances  shall  be  controlled  by  the  Board  of  Directors  of  the  Peking 
Syndicate,  and  the  Chief  of  the  Shansi  Bureau  of  Trade  shall  co-operate. 

4.  Each  line  must  have  one  foreign  and  one  Chinese  manager,  the 
foreigner  to  control  the  works,  the  Chinese  to  attend  to  all  matters 
between  natives  and  foreigners.  Accounts  will  be  kept  by  the  for- 
eign system;  receipts  and  payments  of  money  to  be  controlled  by  the 

o  British  Parliamentary  Blue  Book,  China  No,  1,  1899,  p.  112. 
27938—04 20  306 


806     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

foreign  manager  and  audited  by  the  Chinese  manager.  At  ail  mines 
Chinese  should  be  employed  as  much  as  possible.  All  salaries  to  be 
paid  by  the  Syndicate. 

5.  When  prospecting  for  mines,  if  there  be  any  boring  or  sinking 
of  pits  to  examine  mineral  deposits,  an  arrangement  should  first  be 
made  with  the  land-owner  to  compensate  him  for  any  crops  injured. 
If  any  mine  be  opened  on  private  land,  an  arrangement  must  be  made 
with  co-operation  of  the  local  officials  to  lease  or  buy  the  land  for  a 
price  fair  to  both  parties  as  a  measure  of  justice.  Whenever  land 
leased  or  bought  for  mines  contains  cemeteries  or  mortuary  shrines, 
some  plan  must  be  devised  to  avoid  them;  there  must  be  no  excava- 
tion. After  mines  are  opened,  should  there  be  damage  to  life  or  build- 
ings from  subsidence  in  the  mines,  the  Syndicate  shall  make  charitable 
fompensation. 

6.  Wherever  mines  are  worked  there  shall  be  paid  yearly  to  the 
Chinese  Government  as  producers  tax  (''lo-ti-shui")  5  per  cent,  on 
the  cost  of  extracting  the  output  of  the  mines.  From  the  profits 
shown  by  the  yearly  accounts  there  shall  first  be  paid  6  per  cent,  on 
the  capital  employed,  and  next  10  per  cent,  shall  be  set  aside  as  a  sink- 
ing fund  for  yearly  repayment  of  capital  and  consequent  reduction  of 
interest,  payments  to  sinking  fund  ceasing  when  the  invested  capital  is 
wholly  repaid;  and  from  the  remaining  net  profit  25  per  cent,  shall  be 
paid  to  the  Chinese  Government,  and  the  remainder  shall  go  to  the 
Syndicate  for  its  own  .disposition.  In  future,  wherever  capital  is  used 
to  work  coal  or  iron  mines  in  China  this  rule  for  a  5  per  cent.  Govern- 
ment tax  on  the  output  shall  be  enforced,  so  that  all  may  be  treated 
alike.  This  capital  being  money  lent  by  merchants  for  mining  pur- 
poses, the  Chinese  Government  will  not  in  any  way  be  responsible  for 
losses  incurred  in  the  business. 

7.  The  area  of  the  mineral  districts  of  Yu-hsien,  Ping-ting-chou, 
Tsechou-fu,  Luan-fu  is  very  extensive,  and  many  mines  may  be 
worked  therein.  But  the  accounts  and  profits  of  each  mine  must  be 
kept  distinct  from  the  others;  the  gains  of  one  mine  should  not  be 
made  to  oflFset  the  losses  of  another,  and  so  cause  the  Government 
income  to  suffer  reduction. 

8.  All  machinery,  materials,  and  supplies  needed  for  the  mines  shall 
on  importation  be  subject  to  the  rules  in  force  with  the  Kaif ung  and 
other  mining  Companies,  and  pay  one  custom  duty  and  a  half  to  the 
maritime  customs,  and  shall  be  exempt  from  all  inland  U-kln  taxes. 
The  products  of  the  mines  when  exported  from  a  seaport  shall  pay 
export  duty  according  to  the  Customs  Tariff. 

9.  The  Syndicate  is  to  control  the  mines  for  sixty  years,  on  expira- 
tion of  which  term  all  the  mines  of  the  Syndicate,  whether  new  or 
old,  profitable  or  not,  shall,  with  all  plant,  materials,  buildings,  land, 
railways,  bridges,  and  all  property  acquired  by  the  capital  of  the  mines, 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.   807 

be  handed  over  gratis  to  the  Chinese  Government,  and  in  due  time 
the  Bureau  shall  request  the  Governor  of  Shansi  to  send  Deputies  to 
take  delivery. 

10.  It  is  important  that  at  each  mine  measures  should  be  taken  to 
prevent  discord  between  officials  and  pedple.  For  this  purpose  the 
Bureau  should  request  the  Governor  to  appoint  a  Deputy,  and  a  Syn- 
dicate should  nominate  one  of  the  gentry,  the  salaries  of  both  to  be 
paid  by  the  Syndicate. 

11.  On  first  opening  of  the  mines  foreigners  must,  of  course,  be 
employed  as  mining  engineers  and  foremen,  but  later  on  the  Bureau 
and  the  Syndicate  should  arrange  to  select  for  such  positions  any 
Chinese  who  may  be  proficient  in  mining,  engineering,  or  managing 
work.  For  subordinate  positions  of  little  responsibility  Chinese 
should  be  entirely  employed,  and  Shansi  natives  as  much  as  possible, 
so  as  to  encourage  improvement. 

12.  The  miners  employed  should  be  chiefl}'^  Shansi  men,  and  should 
be  paid  fair  wages.  After  the  mines  are  opened  the  Bureau  and  the 
Syndicate  should  select  from  European  and  American  Mining  Regu- 
lations suitable  ones  to  apply  to  questions  of  compensation  to  miners 
for  injuries  while  at  work,  to  pensions  for  the  aged  after  long  service, 
the  limit  of  daily  working  hours,  &c.,  and  obtain  for  such  Regulations 
the  approval  of  the  Governor. 

13.  In  opening  the  mines  the  Syndicate  shall  establish  a  school  of 
engineering  on  mining  in  some  locality  convenient  to  the  mines,  and 
there  shall  be  selected  twenty  or  thirty  promising  youths  by  the  local 
officials  and  gentry  to  study  in  this  school  under  foreign  instructors, 
and  thus  prepare  for  future  employment  on  railways  and  in  mines. 
The  expenses  for  this  school  to  be  met  by  the  Syndicate. 

U.  The  10,000,000  of  silver  taels  to  be  loaned  to  the  Bureau  of 
Trade  by  the  Peking  Syndicate  is  an  estimated  sum.  After  the  capital 
necessary  for  opening  each  mine  has  been  supplied  b}^  the  Syndicate, 
the  Syndicate  will  be  authorized  to  print  shares,  certificates,  and  con- 
ditions for  the  capital  furnished,  and  fix  the  time  of  sale.  Chinese 
merchants  who  apply  for  shares  within  a  fixed  time  shall  be  allowed 
to  buy  of  shares  for  sale  any  number  they  wish. 

15.  Chinese  merchants  who  wish  to  buy  shares  may  get  them  from 
the  Bureau,  who  will  procure  them  at  current  market  rates;  or  they 
may  themselves  buy  or  sell  the  shares  at  pleasure.  If  any  Chinese 
gentry  or  merchants  shall,  within  the  term  of  sixty  years,  acquire 
three-fourths  of  all  the  shares  of  any  one  mine,  that  mine  may^  then  be 
redeemed  from  the  Syndicate,  and  the  Bureau  shall  report  upon  same, 
and  direct  that  shareholder  to  take  charge  of  the  mine. 

16.  If  within  the  area  authorized  for  opening  mines  there  be  mines 
already  worked  by  the  people,  such  private  mines  shall  not  be  appro- 
priated, but  if  a  proprietor  be  willing  to  lease  or  sell  his  mine  the 


808     TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

Bureau  and  the  Syndicate  shall  offer  a  reasonable  price  for  it,  but  no 
compulsion  shall  be  used. 

17.  WheneveV  it  may  be  necessary  for  any  mine  to  make  roads, 
build  bridges,  open  or  deepen  rivers  or  canals,  or  construct  branch 
railways  to  connect  with  main  lines  or  with  water  navigation  to  facili- 
tate transport  of  Shansi  coal,  iron,  and  all  other  mineral  products  from 
the  province,  the  Syndicate  on  reporting  to  the  Governor  of  Shansi  is 
authorized  to  proceed  with  the  works,  using  its  own  capital,  without 
asking  for  Government  funds.  Regulations  for  branch  railways  are 
to  be  made  in  due  time.  With  reference  to  the  Chengting  to  Taiyuan 
Railway,  for  the  construction  of  which  the  Bureau  has  borrowed  capi- 
tal from  others,  the  Peking  Syndicate,  to  avoid  disputes,  shall  not 
construct  any  railway  within  100  li  on  each  side  of  it.  Private  land 
required  for  the  works  authorized  as  above  shall  be  leased  or  bought 
according  to  the  Rules  already  in  force  with  other  public  Companies. 
No  encroachment  of  private  property  shall  be  allowed,  and  the  local 
authorities  must  be  applied  to  for  protection. 

18.  At  the  end  of  every  year  a  printed  account  of  profit  and  loss 
shall  be  rendered  by  each  mine  to  the  Bureau,  and  each  mine  shall 
appoint  one  Chinese  and  one  foreign  auditor  to  examine  the  accounts 
and  certify  that  they  are  correct;  and  a  general  account  of  profit  and 
loss  for  all  the  mines  shall  be  jointly  prepared  and  submitted  to  the 
Governor,  who  will  send  copies  to  the  Tsung-li  YamSn  and  Board  of 
Revenue  for  audit.  Payments  due  to  the  Government  shall  be  reported 
at  same  time. 

19.  These  mines  being  under  the  sovereignty  of  China,  should  China 
ever  be  at  war  with  another  country,  the  Syndicate  will  obey  the 
orders  of  the  Chinese  Government  prohibiting  any  aid  to  the  enemy. 

20.  These  Regulations  shall  be  made  out  both  in  Chinese  and  foreign 
text;  each  party  to  have  a  copy  for  reference. 

Signed  in  Peking  on  this  2l8t  day  of  May,  1898,  being  the  second 
day  of  the  fourth  month  of  the  twenty-fourth  year  of  the  Emperor 
Kuang  Hsu. 

Seals  of  Mr.  A.  Luzzatti,  General  Agent  of  the  Peking  Syndicate 
(Limited),  and  of  the  Shansi  Bureau  of  Ti'ade. 


No.  41. 

RUSSIA. 

PRELIMINARY  AGREEMENT  AND  CONTRACTS  CONCERNING   THE 
CHENGTING-TAI-YUAN  (CHENG-TAI)  RAILWAY. 

1898-1903. 

(1)  Draft  of  Agreement  between  Fang,  Superintendent  of  the 
Liu-un-Taiytjan  Railway  Co.  (understood  to  be  acting  under 

AUTHORITY    FROM     THE     GOVERNOR    OF    ShANSI)   AND    POKOTILOW, 

Director  of  the  Russo-Chinese  Bank,  for  the  provision  of  a 

LOAN  TO  CONSTRUCT  A   RAILWAY  FROM    LiU-LIN    (l.  E.,    ChENGTING, 
A  POINT    ON    THE    PeKING-HaNKOW    LINE    TO    THE    SOUTH    OF  THE 

Hu-TO  River)  to  Tai-yuan-fu  in  Shansi. 

The  line  is  to  run  from  Chengting  to  the  coal  mines  on  the  Wei-shui 
river  to  the  north  of  Pingting,  and  thence  to  Taiyuan.  The  cost — 
including  "official  profits"  {hucm-li) — is  estimated  at  Tls.  6,800,000. 
As  it  is  impossible  to  raise  this  amount  in  China,  Fang  agrees  to  accept 
a  temporary  advance  from  the  Russo-Chinese  Bank  on  the  following 
terms: — 

1.  A  Company  will  be  formed  to  construct  the  railway,  and  the 
Company  will  borrow  Tls.  6,800,000  necessary  from  the  Bank.  Inter- 
est 6  per  cent,  from  the  date  of  advance. 

2.  The  exact  amount  required  will  be  determined  after  the  comple- 
tion of  the  surveys  and  estimates. 

Until  the  railway  is  opened  to  traffic  the  interest  will  accrue,  and  be 
added  to  the  principal  of  the  loan.  Should  the  traffic  receipts  during 
the  two  years  following  the  opening  be  insufficient  to  pay  the  interest 
the  deficiency  will  also  be  added  to  the  loan  capital.  At  the  close  of 
these  two  years,  all  the  moneys  owing  to  the  bank  by  the  Company  on 
principal  and  interest  must  be  reckoned  up  and  int-erest  paid  on  the 
full  amount  at  6  per  cent,  per  annum.  All  surplus  profits,  excluding 
"official  profits"  {huan-li)  made  within ^'^(9  years  from  the  opening  of 
the  railway  to  be  deposited  in  the  Bank,  the  amount  to  go  to  the 
redemption  of  the  loan  at  the  end  of  the  five  years.  The  Bank  to  pay 
4  per  cent,  on  the  amounts  so  deposited. 

Dating  from  the  sixth  year  after  the  opening  of  the  line  the  Com- 
pany agree  to  pay  off  the  interest  and  principal  due  to  the  Bank  by 


310     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

quarterly  instalments,  extending  over  25  years:  such  instalments  to 
be  paid  in  gold  at  current  rates. 

3.  The  Company  may  at  will  redeem  the  loan  before  the  limit  of  the 
time  specified. 

The  Company  may  issue  share  certificates  to  the  amount  of  the  loan, 
which  are  to  be  deposited  with  the  Bank  as  security.  Within  the  25 
years'  limit  certificates  to  the  amounts  redeemed  from  year  to  year 
will  be  handed  over  to  the  Company  by  the  Bank.  If,  before  the  loan 
is  redeemed,  the  Chinese  public  consider  these  shares  a  good  invest- 
ment, the  Company  may  purchase  them  from  the  Bank  and  issue  them 
at  a  premium  of  20  per  cent. 

Should  the  Company  redeem  the  debt  due  to  the  Bank  in  either  of 
the  two  ways  stated  above,  the  Bank  will  have  no  further  concern 
with  the  railway. 

4.  The  Bank  will  decide  in  consultation  with  the  Company  all  ques- 
tions of  route  gauge,  position  of  stations,  amount  of  rolling  stock,  etc. 
All  the  construction  and  works  will  be  executed  under  the  supervision 
of  the  Company. 

The  Bank  engages  to  use  local  materials  and  labour  as  far  as  possi- 
ble, and  in  any  case  to  spend  the  greater  part  of  the  loan  on  the  spot. 
As  little  material  as  possible  is  to  be  procured  from  abroad,  but  what- 
ever is  thus  obtained  must  come  from  Russian  or  French  territory. 
All  such  materials  are  to  be  purchased  by  the  Bank  at  the  most  rea- 
sonable prices,  and  questions  as  to  the  reasonableness  of  the  prices  are 
to  be  settled  by  reference  by  the  Company  to  the  Chinese  Ministers  in 
Russia  and  France. 

5.  During  the  whole  30  years  and  while  the  loan  is  unredeemed,  the 
high  authorities  of  Shansi  shall,  at  the  request  of  the  Company,  inter- 
dict the  construction  of  another  railway  or  other  mechanical  means  of 
transport  between  Liu-lin  and  Taiy  uan-f  u,  as  such  would  be  detrimental 
to  the  interests  of  this  railway. 

{].  The  Company  will  see  to  the  acquisition  of  the  land  required  for 
the  railway  in  accordance  with  the  provisions  of  Chinese  law.  The 
regulations  for  the  purchase  of  the  land  will  be  drawn  up  by  the  Com- 
pany and  approved  by  the  Governor  of  Shansi  who  will  be  requested 
to  instruct  the  local  authorities  to  surrender  or  let  whatever  Govern- 
ment land  is  required  for  the  railway  line.  As  to  private  ground, 
graves,  bridges,  rivers,  and  roads,  the  regulations  of  the  Tientsin  rail- 
ways will  be  followed,  and  reasonable  compensation  will  be  awarded. 
The  local  officials  are  to  lend  every  assistance  and  to  check  disorder. 
In  other  matters  the  established  precedents  ruling  in  the  railways 
already  opened  to  traflSc  in  Chihli  are  to  be  followed. 

The  price  of  the  ground  will  be  arranged  by  the  Company  with  the 
owner,  and  the  money  handed  over  in  the  presence  of  a  representative 
at  the  Bank  specially  appointed  for  that  purpose.  This  will  prevent 
irregularities. 


TREATIES  AND  CONTENTIONS  WITH  CHINA  AND  KOREA.      811 

The  Bank  will  prepare  detailed  plans  of  the  railway  and  send  them 
to  the  Company,  and  the  Company  are  given  six  months  from  the  date 
of  receipt  of  the  plans  within  which  to  secure  the  land  required  for 
the  track. 

7.  The  Governor  of  Shansi  will  be  moved  to  exempt  from  likin 
charges  all  railway  material.  Import  and  transit  dues  paid  to  the 
Imperial  Maritime  Customs  are  not  included  in  this  exemption. 

8.  The  administration  of  the  railway  will  rest  with  the  Company. 
Mr.  Fang  will  procure  the  assistance  he  needs,  and  from  the  date  of 
the  approval  of  this  agreement  Tls  10,000  a  year  will  be  advanced  to 
him  to  cover  the  salaries  of  himself  and  assistants. 

Before  the  opening  of  the  railway  and  traffic  these  salaries  will  be 
advanced  by  the  Bank  and  the  amounts  will  be  added  to  the  loan 
accounts.  After  the  opening  they  will  be  paid  out  of  receipts  by  the 
Company.  If  there  is  a  surplus  after  the  payment  of  all  expenses  out 
of  the  receipts,  it  will  rest  with  the  Company  to  decide  whether  the 
remuneration  above  mentioned  shall  be  increased.  The  Foreign 
Agent  of  the  Bank  will  be  present  at  all  meetings  of  the  Managing 
Officers,  and  will  exercise  supervision  over  all  matters  of  accounts, 
machinery,  etc. 

9.  The  Foreign  Agent  will  be  specially  appointed  by  the  Bank  after 
the  completion  of  the  railway  to  inspect  the  accounts,  receipts,  and 
expenditure.  The  accounts  will  be  kept  after  foreign  methods.  He 
will  also  inspect  the  permanent  way,  machinery,  stations,  etc.,  and  see 
that  they  are  kept  in  good  working  order,  and  free  from  dilapidations. 
He  will  have  foreign  assistants,  but  their  number  will  be  kept  as  low 
as  possible.  The  salaries  of  the  Agent  and  his  staff,  which  are  not  to 
exceed  100,000  francs  or  say  Tls  30,000  a  year  will  be  paid  by  the 
Company.  With  these  exceptions  the  personnel  will  be  Chinese.  As 
a  temporary  arrangement,  however,  China  not  possessing  capable 
machinists,  foreign  artificers  will  be  engaged  by  the  Bank  to  work  the 
machinery,  but  as  soon  as  Chinese  are  available  for  this  purpose  the 
foreigners  will  be  sent  home.  It  is  fully  expected  that  Chinese  will 
be  employed  as  machinists  before  many  years  are  over,  and  to  attain 
this  end  the  Superintendent  is  at  liberty  to  establish  engineering  and 
mining  schools  near  at  hand,  and  to  engage  foreign  instructors  to  teach 
10  to  20  selected  Chinese  youths  of  capacity  who  may  also  be  sent 
abroad  to  complete  their  knowledge. 

The  Board  will  assist  the  Company  as  far  as  possible  in  its  efforts  to 
dispense  with  foreign  assistance  and  to  secure  capable  Chinese  machin- 
ists without  delay. 

10.  After  the  completion  of  the  railway  the  yearly  surplus,  if  any, 
left  after  payment  of  working  expenses  and  "official  profits,"  is  to  be 
dealt  with  as  follows: — 

6-lOths  to  the  Company.  Should  this  5-lOths  amount  to  30,000  taels 
or  over,  the  Superintendent's  salary  will  be  paid  out  of  it;  if  the 


312      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBE  A. 

6-lOths  do  not  amount  to  Tls.  30,000  the  salary  will  form  part  of  the 

working  expenses. 
2-lOths  to  the  State. 

1-lOth  to  the  Trade  Bureau  to  be  used  for  public  purposes,  and 
2-lOths  to  the  Bank — ^this  payment  to  cease  at  the  end  of  30  years 

from  the  opening  of  the  line.     Should  the  Company  be  able  to  redeem 

the  loan  before  this  limit  of  time  as  provided  for  under  Article  3,  the 

Bank's  2-lOths  will  cease  with  such  redemption. 

11.  The  Bank  will  first  undeilake  the  construction  of  the  first  sec- 
tion to  the  coal  mines  of  Ping-ting;  this  to  be  completed  within  3  years 
from  the  acquisition  of  the  ground  required,  according  to  the  plans. 
This  section  finished,  the  Bank  engages  to  begin  work  on  the  2nd  sec- 
tion from  the  coal  mines  to  Taiyuan  Fu  within  two  years.  If  it  fails 
to  do  so  the  Company  is  free  to  discharge  the  Bank  from  the  contract 
and  hand  the  work  over  to  others  to  undertake.  The  Bank,  in  this 
case,  is  to  hand  over  the  surveys,  estimates,  and  other  documents 
relating  to  the  2nd  section  to  the  Company  without  payment  therefor 
and  without  objection  to  the  Company's  action. 

12.  In  case  of  default  in  the  payment  of  principal  and  interest,  the 
administration  of  the  railway  will  pass  temporarily  into  the  hands  of 
the  Bank,  but  the  Company  will  continue  its  supervision.  The  Super- 
intendent, etc. ,  will  continue  to  meet  and  consult  as  before  and  the 
salaries  will  continue  to  be  advanced  in  the  manner  stated  in  Article  8. 
The  Bank  will  not  under  these  circumstances  be  considered  as  entering 
into  possession  of  the  railway;  it  will  simply  administer  on  behalf  of 
the  Company  until  the  loan  and  interest  are  paid  in  full,  when  the 
administration  will  be  returned  to  the  Company. 

13.  Superintendent  Fang  will  move  the  local  authorities  to  permit 
the  Company,  through  the  Trade  Bureau,  to  select  a  few  coal  and  iron 
mines  in  the  country  adjoining  the  railways;  places  granted  to  other 
persons  being  excluded  from  the  selection. 

Within  a  year  from  the  approval  of  this  agreement  the  Bank  will 
indicate  a  few  coal  and  iron  mines  which  it  will  be  able  to  work  as 
soon  as  the  necessary  authorisation  is  received  from  the  Governor  of 
Shansi  through  the  Trade  Bureau.  But  the  number  of  mines  thus 
selected  must  not  exceed  four  or  five. 

Superintendent  Fang  will  also  be  authorised  to  choose  a  convenient 
site  for  glass  works,  the  funds  for  the  establishment  of  which  will  be 
provided  by  the  Bank. 

The  financial  terms  relating  to  the  mines  and  glassworks  will  follow 
the  same  lines  as  those  relating  to  the  railway;  2-lOths  of  the  surplus* 
after  payment  of  working  expenses  and  "official  profits"  will  go  to 
the  Bank  in  payment  of  principal  and  interest.  In  case  of  default  the 
management  of  all  the  mines  and  the  glassworks  will  revert  to  the 
Bank  who  will  retain  it  until  the  loans  and  interest  are  redeemed. 


TEEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOEEA,      313 

14.  This  loan  being  a  commercial  arrangement  made  between  Russian 
and  Chinese  merchants,  it  is  understood  that  the  Governments  of 
China  and  Russia  are  in  no  way  concerned. 

15.  This  instrument  is  only  preliminary.  When  it  has  been 
approved  by  the  Governor  of  Shansi  and  authorised  by  the  Emperor, 
it  will  as  it  stands  become  definitive.'* 

(2)  Loan  and  Operating  Contracts*  fob  the  Cheng-ting  and 

Tai-yuan  Railway. 

Extracts. 

[Translation.] 
LOAN  CONTRACT. 

Between  the  undersigned: 

(1)  The  Imperial  Chinese  Railway  Company,  represented  by  H.  E. 
Sheng  Hstian-huai,  its  Director  General,  duly  empowered  by  the 
Chinese  Government; 

(2)  The  Russo-Chinese  Bank,  represented  by  Mr.  C.  R.  Wehrung, 
one  of  its  Directors,  with  full  powers,  acting  for  said  Bank; 

It  has  been  agreed  as  follows: 

Article  I. 

Under  the  terms  of  the  Imperial  Edict  of  July  8,  1897  and  May  17, 

1898,  i.  e.,  9th  day,  6th  moon,  23d  year,  and  the  24th  day,  3d  moon, 
24th  year  of  the  reign*  of  H.  M.  Kuang-hsii,  the  Governor  and  the 
Director  of  the  Commercial  Bank  of  Shansi  were  authorized  to  sign  a 
loan  contract  with  the  Russo-Chinese  Bank  for  the  building  of  a  rail- 
way from  Cheng-ting  Fu  to  Tai-yuan  Pu. 

This  line  having  a  length  of  about  250  kilometers,  forms  a  natural 
branch  of  the  Hankow-Peking  line;  consequently  the  Governor  of 
Shansi,  in  a  report  dated  June  25,  1902,  i.  e.,  18th  day,  5th  moon, 
28th  year  of  the  reign  of  H.  M.  Kuang-hsu,  proposed  to  the  Chinese 
Government  to  instruct  the  Director  of  the  Imperial  Chinese  Railway 
Company  to  personally  take  up  the  matter. 

The  recommendation  was  approved,  and  H.  E.  Sheng  Hsiian-huai, 
Director  General  of  the  Imperial  Chinese  Railway  Company,  received 
instructions  from  the  Chinese  Government,  in  virtue  of  a  Decree  of 

«  Confirmed  by  Imperial  Decree  in  May,  1898,  according  to  Memo,  of  British  Min- 
ister at  Peking  of  July  8, 1898.    See  British  Parliamentary  Blue  Book,  China,  No.  1, 

1899,  p.  202;  May  17,  1898,  according  to  Arii.  I  of  Loan  Contract. 

^The  Operating  contract  is  practically  identical  with  that  made  with  the  Belgian 
syndicate  for  the  Luhan  R.  K.  (see  supra,  Doc.  No.  34,  p.  242).  It  is  for  30  years, 
but  if  the  loan  is  paid  off  before  that  time  it  is  to  be  cancelled  (Art.  5).  During  the 
whole  term  of  the  contract  the  Russo-Chinese  Bank  is  to  receive  20%  of  the  net 
receipts  of  the  line  (Art.  6). 


314     TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

September  7,  1902,  i.  e.,  6th  day,  7th  moon,  28th  year  of  the  reign  of 
H.  M.  Kuang-hsii,  aj  a  consequence  of  a  joint  report  presented  by  the 
Wai-wu  Pu  and  the  Central  Bureau  of  Mines  and  Railways,  to  nego- 
tiate a  new  loan  contract  for  said  railway  with  the  Russo-Chinese 
Bank.  Before  signing  the  present  contract,  H.  E.  Sheng  Hsuan-huai 
has  submitted  it  for  Ratification  by  the  Chinese  Government  which 

has  ratified  it  by  a  Decree  of of  which  a  copy  is  annexed  to  the 

present  contract  (Annex  No.  1). 

Under  the  terms  of  this  Edict  H.  E.  Sheng-Hsilan-huai  has  decided 
to  make  a  State  foreign  6%  gold  loan,  of  a  nominal  value  of  40,000,000 
francs. 

This  loan  will  be  known  as  the  Chinese  5%,  1902  Loan. 

It  is  understood  that  the  present  contract,  after  being  signed,  shall 
annul  all  preceding  contracts  relating  to  the  railway  from  Cheng- 
ting  Fu  to  Tai-yuan  Fu,  signed  by  the  Governor  of  Shansi,  in  favor 
of  the  Russo-Chinese  Bank. 

Article  II. 

This  loan  shall  be  represented  by  80,000  bonds  of  500  francs  gold. 

These  bonds,  the  text  of  which  is  annexed  (Annex  No.  2)  to  the 
present  contract,  shall  be  signed  in  the  name  of  the  Chinese  Govern- 
ment by  the  Minister  Plenipotentiary  of  China  at  Paris,  duly  advised 
by  his  Government. 

They  shall  be  issued  in  fractional  bonds  {coupures)  of  from  1  to  5 
bonds,  in  such  proportion  as  the  Russo-Chinese  Bank  shall  state  and 
shall  be  made  at  the  expense  of  the  latter. 

They  shall  bear  5%  interest  a  year  on  the  nominal  capital,  payable 
in  gold.  Interest  shall  run  from  the  day  of  payment  of  installments 
{die  jour  des  versements)  and  shall  be  payable  the  1st  September  and 
the  1st  March  of  each  year. 

Matured  and  paid  coupons  shall  be  classed  in  numeric  order,  by  the 
Russo-Chinese  Bank  and  at  its  expense. 

(Articles  IH,  IV,  V,  VI,  VII,  VIII,  IX,  X,  XI,  XII,  and  XIII  are, 
mutatu  muta/ndis^  the  same  as  the  articles  bearing  the  same  numbers 
in  Document  No.  58  infra). 

Article  XIV. 

(Same  as  Art.  XIV  in  No.  58  with  exception  of  last  two  phrases  of 
latter  which  are  here  omitted). 

Article  XV. 

(Same  as  Art.  XV  in  No.  58.) 

Article  XVI. 

(Same  as  Art.  XVI  in  No.  58  with  the  words  ''Bourses  of  Petersburg 
and  of  Paris-'  instead  of  '' Bourses  of  the  capitals  of  Europe.") 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      315 

Article  XVII. 

Of  the  whole  amount  of  the  present  loan,  amounting  to  a  nominal 
capital  of  40,000,000  francs,  the  Russo-Chinese  Bank  buys  outright 
22,000,000  francs  of  nominal  capital,  or  44,000  bonds  of  600  francs, 
delivery  to  date  from  payment  to  the  Agency  of  the  Russo-Chinese 
Bank  at  Paris,  at  the  price  of  90%,  that  is  to  say  for  the  total  sum  of 
19,800,000  francs. 

Article  XVIII. 

(Substantially  the  same  as  Art.  XVIII,  in  No.  58). 

Article  XIX. 

(Same  as  Art.  XIX.  in  No.  58,  with  omission  of  first  five  and  the  last 
paragraphs.  Last  paragraph  reads:  ''It  (the  Russo-Chinese  Bank) 
will  endeavor  to  finish  the  work  on  the  line  within  a  term  of  three 
yeai-s." 

Article  XX. 

(Substantially  the  same  as  Art.  XX  in  No.  58). 

Article  XXI. 

The  Chinese  Government  gives  the  Russo-Chinese  Bank  an  option 
to  December  31, 1905,  to  purchase  the  balance  of  the  loan,  or  18,000,000 
francs,  and  at  the  price  of  90%  of  par  value. 

Said  option  may  be  availed  of  at  one  or  several  times,  regardless  of 
the  amortizations  made.  Deliveiy  of  the  bonds  taken  on  the  options 
will  be  made  at  the  Russo-Chinese  Bank  in  Paris,  which  will  only  sur- 
render them  under  the  conditions  and  terms  provided  for  in  the  above 
Article  XX. 

Article  XXII. 

If  the  Russo-Chinese  Bank  should  avail  itself  of  the  right  given  it 
to  purchase  all  or  a  portion  of  the  securities  for  which  it  has  an  option 
granted  it,  it  shall  come  to  an  agreement  in  each  case  with  the  Impe- 
rial Chinese  Railway  Company  to  determine  the  sections  (of  line)  to  be 
built  with  the  new  funds. 

Article  XXIII. 

Studies  for  the  line,  dating  from  the  signing  of  the  present  con- 
tract, are  at  the  expense  of  the  Imperial  Chinese  Railway  Company. 
The  whole  line  shall  be  divided  into  two  principal  sections:  The  first 
from  Cheng-ting  Fu  to  P'ing-f  ing  on  the  left  bank  of  the  Wei-shui 
River,  to  the  north  of  P'ing-t'ing  Chou,  and  the  second  from  that 
point  to  Tai-yuan  Fu. 


316     TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

It  is  hereafter  to  be  understood  that  the  section  to  be  built  with  the 
funds  derived  from  the  first  option,  will  be  that  from  Cheng-ting  Fu 
to  P'ing-t'ing  and  that  studies  for  it  will  begin  the  first  year. 

Within  two  months  from  the  date  of  ratification  of  the  present  con- 
tract, the  Russo-Chinese  Bank  will  place  at  the  disposal  of  the  Director- 
General  of  the  Imperial  Chinese  Railway  Company  a  sum  of  1,000,000 
francs  as  an  advance  on  the  proceeds  of  the  loan. 

This  sum,  it  is  understood,  can  only  be  applied  to  studies  and  con- 
struction work  on  the  Shansi  railway.  The  rate  of  interest  on  this 
advance  is  fixed  at  6%  annually,  regardless  of  the  price  of  issue. 

The  first  option  must  be  taken  up  within  eleven  months  from  the 
date  of  signing  the  present  contract;  the  proceeds  of  said  option  shall 
be  applied  in  the  first  place  to  refunding  the  above  mentioned  advance. 

Article  XXIV. 

The  Russo-Chinese  Bank  reserves  the  right  to  make  one  or  more 
issues,  by  public  subscription  or  otherwise,  of  the  whole  or  a  part  of 
the  bonds  bought  outright,  or  forming  a  part  of  the  option;  the 
expense  of  such  issues  to  be  borne,  of  course,  by  the  Russo-Chinese 
Bank. 

Article  XXV. 

(Substantially  the  same  as  Art.  XXIV  in  No.  58.) 

Article  XXVI. 

(Same  as  Art.  XXV  in  No.  58  except  that  cases  of  disagi*eement 
between  the  parties  to  the  contract  are  to  be  settled  by  the  Russian 
Minister  at  Peking  and  a  member  of  the  Chinese  Foreign  Office  or  by 
a  judge  of  their  choice.) 

Article  XXVIL 
(Same  as  first  phrase  of  first  paragraph  of  Art.  XXVI  in  No.  58.) 

Article  XXVIII. 
(Same  as  Art.  XXVI  in  No.  58,  exclusive  of  first  phrase.) 


No.  42. 

GREAT  BRITAIN. 

PRELIMINARY  AGREEMENT  BETWEEN  THE  HONG  KONG  AND  SHANG- 
HAI BANK  AND  DIRECTOR-GENERAL  •  HU  FOR  A  LOAN  TO  THE 
PEKING-NEWCHWANG  RAILWAY. « 

June  7,  1898. 

This  is  a  preliminary  Agreement  made  between  His  Excellency  Hu, 
Governor  of  Peking  and  Administrator-General  of  the  Imperial  Rail- 
ways of  North  China  within  and  without  the  Great  Wall,  hereinafter 
called  the  Administrator-General,  of  the  one  part;  and  the  Hong 
Kong  and  Shanghae  Banking  Corporation  representing  a  British  Syn- 
dicate hereinafter  called  the  Syndicate,  of  the  other  part. 

1.  The  Syndicate  is  hereby  authorized  by  the  Administrator- 
General  to  make  arrangements  to  float  and  issue,  on  behalf  of  the 
Railway  administration  on  the  best  terms  obtainable  on  the  market,  a 
sterling  loan  for  the  equivalent  of  about  (16,000,000  taels),  for  the  con- 
struction of  a  railway-line  from  Chung-hou-sou  to  Hsin  ming-ting, 
and  a  branch  line  to  Ying-tzu,  and  for.  the  redemption  of  existing  loans 
to  the  Tien-tsin-Shan-hai-kuan  and  Tien-tsin-Lu-kou-chiao  lines. 

2.  The  security  for  the  loan  shall  be  the  permanent  way,  rolling- 
stock,  and  entire  property,  together  with  the  freight  and  earnings  of 
the  existing  lines  between  Peking,  Tien-tsin,  Tang-ku,  and  Chung- 
hou-sou,  and  also  of  the  proposed  new  lines  when  constructed,  in  addi- 
tion to  the  rights  of  mining  coal  and  iron,  which  will  be  retained  by 
the  Railway  administration  on  each  side  of  the  proposed  new  lines,  for 
a  distance  to  be  determined.  In  the  event  of  default  or  arrears  in  pay- 
ment of  interest  or  repayments  of  principal,  the  said  railway  lines  and 
mines  shall  be  handed  over  to  representatives  deputed  by  the  Syndi- 
cate, to  manage  them  on  their  behalf,  until  principal  and  interest  of 
the  loan  are  redeemed  in  full,  when  the  management  will  revert  to  the 
Railway  Administration. 

It  will,  however,  be  provided  that  if  such  arrears  are  for  a  small 
sum,  and  it  appears  desirable  to  the  Syndicate  to  extend  the  due  date 
of  their  payment  for  a  term  not  exceeding  three  months,  it  shall  be 
open  to  the  Syndicate  to  do  so. 

In  the  event  of  any  special  circumstances  arising  necessitating  the 
introduction  of  important  changes  by  the  management  aforesaid,  these 

«  British  Parliamentary  Blue  Book,  C/ii7%a,  No,  £  (1899)  ^  p.  4. 

317 


318     TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

changes  shall  be  eflFected  in  consultation  with  the  Adnainistrator- 
General,  and  in  the  best  interests  of  the  railway.  In  the  case  of  war 
or  famine,  troops  and  grain  will  be  transported  over  the  lines  on  terms 
to  be  arranged  hereafter. 

No  further  loan,  charge,  or  mortgage  shall  be  charged  on  the  secur- 
ity named  above  until  this  loan  is  redeemed. 

3.  During  the  currency  of  their  loan,  the  principal  members  of  the 
railway  staff  shall  be  capable  and  experienced  Europeans  who  shall  be, 
as  at  present,  appointed  by  the  Administrator-General  of  the  Rail- 
way, and  may  be,  in  the  event  of  their  misconduct  or  incompetency, 
dismissed,  after  consultation  with  the  Chief  Engineer.  If  there  are 
Chinese  with  sufficient  engineering  or  traffic  experience,  they  may  be 
appointed  as  well  as  Europeans.  Should  it  be  necessary  to  appoint  a 
new  Chief  Engineer,  such  appointment  shall  be  made  in  consultation 
with  the  Syndicate. 

In  addition  to  above,  a  capable  and  experienced  European  railway 
accountant  shall  be  appointed  to  inspect  all  the  accounts  of  the 
railways. 

All  receipts  and  earnings  of  the  lines  herein  specified  shall  be  paid 
into  the  credit  of  the  Railway  Administration  with  the  Hong  Kong 
and  Shanghae  Banking  Corporation,  Tien-tsin,  together  with  50,000 
taels  annually  payable  under  the  Board  of  Revenue's  arrangement, 
approved  by  the  Throne,  by  each  of  the  Provinces  of  Shansi,  Shensi, 
Honan,  and  Anhui  for  railway  purposes  for  ten  years. 

All  expenses  of  repairing  and  maintaining  lines  will  be  paid  from 
this  account,  the  remainder  of  which  shall  then  be  charged  with  the 
service  of  this  loan. 

4.  The  rate  of  interest,  price,  term  of  years,  and  other  particulars 
shall  be  left  to  the  Syndicate  to  arrange  on  the  best  terms  possible  on 
the  market  when  the  moment  appears  favourable  for  floating  the  loan. 
Instalments  of  proceeds  will  be  arranged  as  far  as  possible  to  suit  the 
progress  of  construction  and  the  requirements  of  the  Administrator- 
General,  interest  being  calculated  from  the  date  of  such  payments. 
The  Loan  will  be  redeemable  by  annual  drawings  to  be  scheduled 
in  the  final  Agreement.  Besides  the  drawings  so  scheduled,  the 
Administrator-General  may  from  time  to  time,  on  giving  due  notifica- 
tion to  the  Syndicate,  call  for  extra  drawings  to  be  held,  bonds  so 
drawn  being  redeemed  by  the  Railway  Administration  at  20  per  cent, 
premium  on  their  par  value. 

5.  If  it  should  be  found  that  the  Loan  cannot  be  floated  without  the 
introduction  of  some  special  attraction,  the  Administrator-General 
small  memorialize  the  Throne,  recommending  that  a  Concession  of 
mining  rights  be  granted  to  the  Syndicate  at  a  point  or  points  on  the 
lines,  and  on  terms  to  be  arranged  with  the  Syndicate  on  the  basis  of 
the  mining  Regulations  newly  established  by  the  Tsung-li  YamSn. 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      319 

The  requests  of  the  Syndicate  will  be  confined  to  mines  within  a  dis- 
tance of  5  U  of  the  railway. 

6.  The  date  of  issue  of  this  loan  shall  be  left  to  the  discretion  of  the 
Syndicate,  to  be  fixed  in  accordance  with  the  state  of  the  market,  but 
should  it  be  found  impossible  to  issue  it  before  the  Ist  day  of  October 
next,  the  Syndicate  will  arrange  to  advance  to  the  Administrator- 
General  on  or  about  that  date,  an  instalment  of  about  2,000,000  taels 
on  account  of,  and  repayable  out  of  the  proceeds  of  the  loan  when 
floated.  The  terms  of  this  advance  shall  be  left  to  the  arrangement 
of  the  Syndicate  on  the  best  terms  obtainable,  interest  not  to  exceed 
the  rate  of  5i  per  cent,  per  annum,  and  the  Syndicate  shall  be  author- 
ized to  issue  temporary  bonds  for  the  amount  if  required. 

7.  For  the  satisfaction  of  the  investing  public  who  are  unacquainted 
with  China,  a  satisfactory  report  will  be  required  from  District  Engi- 
neer, Mr.  J.  Ginnell,  as  to  the  condition  and  earning  power  of  the  old 
lines,  and  as  to  the  route,  prospects,  and  mineral  wealth  of  the  new 
lines  to  be  constructed,  and  Mr.  Ginnell  shall  be  instructed  by  the 
Administrator-General  to  proceed  to  London  as  soon  as  possible  after 
the  signing  of  this  preliminary  Agreement,  to  confer  with  the  Syndi- 
cate on  these  matters. 

8.  The  terms  of  this  preliminary  Agreement  will,  inunediately  after 
signature,  be  submitted  by  the  Administrator-General  to  the  Throne 
for  sanction  by  Imperial  Edict,  which  shall  be  ofl^cially  communicated 
by  the  Tsung-li  Yamen  to  the  British  Minister  in  Peking. 

9.  Three  months  from  the  date  of  signature  of  this  preliminary 
Agreement  shall  be  allowed  to  the  Syndicate  to  accept  or  decline  its 
terms.  Upon  their  confirmation  by  the  Syndicate,  this  preliminary 
Agreement  shall  be  replaced  by  a  definitive  Agreement,  providing  for 
all  details. « 

Signed  at  Peking,  this  7th  day  of  June,  1898,  being  the  19th  day  of 
the  4th  moon  of  the  24th  year  of  the  Emperor  Kuang  Hsii. 

(Seal  of  Administrator-General  of  Railways  within 
and  without  the  Shan-hai-kuan  boundary.) 
For  the  Hong  Kong  and  Shanghae  Banking  Corporation, 

(Signed)  E.  G.  Hillier,  Agmt. 

« The  definitive  Agreement  bearing  date  October  10,  1898,  is  given  below,  pp. 
332-337. 


No-  43- 

GREAT  BRITAIN. 

REGULATIONS  AGREED  UPON  BY  THE  YtJ-FENG  COMPANY  AND  THE 
PEKING  SYNDICATE  FOR  MINING  PURPOSES,  IRON  WORKS,  AND 
TRANSPORTING  MINE  PRODUCTS  OF  ALL  KINDS  IN  THE  PROVINCE 
OF  HONAN.« 

June  21,  1898. 

1.  The  Governor  of  Honan  having  sanctioned  the  request  of  the 
Yii-Feng  Company  for  the  sole  right  to  work  all  mines  around  Huai 
Ching  Fu,  and  in  all  the  hill  country  in  Honan  Province  north  of  the 
Yellow  River,  the  several  concessions  granted  are  now  transferred  for 
operation  to  the  Peking  Syndicate  for  the  period  of  sixty  years.  Min- 
ing engineers  shall  first  be  sent  to  find  in  what  township  and  hills  the 
mines  are  situated  and  what  they  produce,  and  make  maps  thereof  with 
explanations  inserted,  which  shall  be  submitted  to  the  Governor  of 
Honan  that  he  may  see  that  the  proposed  works  are  not  injurious  to 
the  place;  and  he  shall  report  thereon  to  the  Tsung-li  Yamfen  for 
record,  and  at  the  same  time  issue  a  permit  for  the  mines  to  be  opened 
without  the  least  delay.  If  mining  lands  belong  to  the  people,  the 
lease  or  purchase  shall  be  naiade  by  arrangement  with  the  owners  for  a 
reasonable  price;  if  it  be  Government  land  the  tax  to  be  paid  on  it 
shall  be  double  the  ordinary  land  tax  for  that  locality. 

The  Governor  of  Honan  has  authorized  the  Yu-Feng  Company  to 
negotiate  a  foreign  loan  not  to  exceed  10,000,000  taels.  Should  the 
mining  engineers  employed  find  this  sum  insufficient,  the  Yu-Feng 
Company  may  borrow  more  only  of  the  Peking  Syndicate. 

3.  All  matters  of  administration,  exploitation,  employes  and  finances 
shall  be  controlled  by  the  Board  of  Directors  of  the  Peking  Syndicate, 
and  the  chief  of  the  Yii-Feng  Company  shall  co-operate.  The  Gt>v- 
emor  of  Honan  shall  be  requested  to  send  officials  from  time  to  time 
to  inspect  the  accounts  of  receipts  and  expenditures. 

4.  Each  mine  must  have  one  foreign  and  one  Chinese  Manager,  the 
foreigner  to  control  the  works,  the  Chinese  to  attend  to  all  matters 
between  natives  and  foreigners.  Accounts  will  be  kept  by  the  foreign 
system;  receipts  and  payments  of  money  to  be  controlled  by  the 

«  British  Parliamentary  Blue  Book,  China  No.  1  {1899),  p.  194. 
320 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      321 

foreign  Manager  and  audited  by  the  Chinese  Manager.  At  all  mines 
Chinese  should  be  employed  as  much  as  possible.  All  salaries  to  be 
paid  by  the  Syndicate. 

5.  When  prospecting  for  mines  if  there  be  any  boring  or  sinking  of 
pits  to  examine  mineral  deposits  an  arrangement  should  first  be  made 
with  the  landowner  to  compensate  him  for  any  crops  injured.  If  a 
mine  be  opened  on  private  land  an  arrangement  must  be  made  with 
co-operation  of  the  local  officials  to  lease  or  buy  the  land  for  a  reason- 
able price  fair  to  both  parties  as  a  measure  to  justice.  Wherever  land 
leased  or  bought  for  mines  contains  cemetery  or  mortuary  shrines 
some  plan  must  be  devised  to  avoid  them — there  must  be  no  excava- 
tion. After  mines  are  opened  should  there  be  damage  to  life  or  build- 
ings from  subsidence  in  the  mines,  the  Syndicate  shall  make  charitable 
compensation. 

6.  Wherever  mines  are  worked  there  shall  be  paid  yearly  to  the 
Chinese  Government  as  producer's  tax  (*' lo-ti-shui")  5  per  cent,  on 
the  cost  of  extracting  the  output  of  the  mines.  From  the  profits 
shown  by  the  yearly  accounts  there  shall  first  be  paid  6  per  cent,  inter- 
est on  the  capital  employed,  and  next  10  per  cent,  shall  be  set  aside  as 
a  sinking  fund  for  yearly  repayment  of  capital  and  consequent  reduc- 
tion of  interest  payments  to  sinking  fund  ceasing  when  the  invested 
capital  is  wholly  repaid;  and  from  the  remaining  net  profit  25  per 
c«nt.  shall  be  paid  to  the  Chinese  Government,  and  the  remainder 
shall  go  to  the  Syndicate  for  its  own  disposition.  In  future,  wherever 
foreign  capital  is  used  to  work  coal  and  iron  mines  in  China  this  rule 
for  a  5  per  cent.  Government  tax  on  the  output  shall  be  enforced,  so 
that  all  may  be  treated  alike.  This  capital  being  money  lent  by  mer- 
chants for  mining  purposes,  the  Chinese  Government  will  not  in  any 
way  be  responsible  for  losses  incurred  in  the  business. 

7.  As  the  Syndicate  will  work  mines  in  several  places,  the  accounts 
and  profits  of  each  mine  must  be  kept  distinct  from  the  others.  The 
gains  of  one  mine  should  not  be  made  to  off-set  the  losses  of  another, 
and  so  cause  the  Government  income  to  suffer  reduction. 

8.  All  machinery,  materials,  and  supplies  needed  for  the  mines 
shaD,  on  importation,  be  subject  to  the  rules  in  force  with  the  Kai- 
Ping  and  other  mining  Companies,  and  pay  one  full  duty  and  a-half  to 
the  Maritime  Customs,  and  shall  be  exempt  from  all  inland  li-kin 
taxes.  The  products  of  the  mines,  when  exported  from  a  sea-port, 
shall  pay  export  duty  according  to  the  Customs  Tariff. 

9.  The  Syndicate  is  to  control  the  mines  for  sixty  years,  on  expira- 
tion of  which  term  all  the  mines  of  the  Syndicate,  whether  new,  or  old, 
profitable  or  not,  shall,  with  all  plant,  materials,  buildings,  lands,  rail- 
ways, bridges,  and  all  property  acquired  by  the  capital  of  the  mines, 
be  handed  over  gratis  to  the  Chinese  Government,  and  in  due  time  the 

27938—04 ^21 


322     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

Yu-Feng  Company  shall  request  the  Governor  of  Honan  to  send  dep- 
uties to  take  delivery. 

10.  It  is  important  that  at  each  mine  measures  should  be  taken  to 
prevent  discord  between  officials  and  people.  For  this  purpose,  the 
Yu-Feng  Company  should  request  the  Governor  to  appoint  a  deputy, 
and  the  Syndicate  should  nominate  one  of  the  gentry.  The  salaries  of 
both  to  be  paid  b}'^  the  Syndicate. 

11.  On  first  opening  the  mines  foreigners  must  of  course  be  employed 
as  mining  engineers  and  foremen,  but  later  on  the  Yii-Feng  Company 
and  t  he  Syndicate  should  arrange  to  select  for  such  positions  any 
Chinese  who  may  be  proficient  in  mining,  engineering,  or  managing 
work.  For  subordinate  positions  of  little  responsibility  Chinese  should 
be  entirely  employed,  and  Honan  natives  as  much  as  possible,  so  as  to 
encourage  improvement. 

12.  The  miners  employed  should  be  chiefly  Honan  men,  and  should 
be  paid  fair  wages.  After  the  mines  are  open,  the  Yii-Feng  Company 
and  the  Syndicate  should  select  from  European  and  American  Mining 
Regulations  suitable  ones  to  apply  to  questions  of  compensation  to 
miners  for  injuries  while  at  work,  to  pensions  for  the  aged  after  long 
service,  the  limit  of  daily  working  hours,  &c.,  and  obtain  for  such 
Regulations  the  approval  of  the  Governor. 

13.  In  opening  the  mines  the  Syndicate  shall  establish  a  school  of 
engineering  and  mining  in  some  locality  convenient  to  the  mines,  and 
there  shall  be  selected  twenty  or  thirty  promising  youths  by  the  local 
officials  and  gentry  to  study  in  this  school  under  foreign  instructors, 
and  thus  prepare  for  future  employment  on  railways  and  in  mines. 
The  expenses  for  this  school  to  be  met  by  the  Syndicate. 

14.  The  10,000,000  silver  taels  to  be  loaned  to  the  Yu-Feng  Com- 
pany by  the  Peking  Syndicate  is  an  estimated  sum.  After  the  capital 
necessary  for  opening  each  mine  has  been  supplied  by  the  Syndicate, 
the  Syndicate  will  be  authorized  to  print  share  certificates  and  condi- 
tions for  the  capital  furnished,  and  fix  the  time  of  sale.  Chinese  mer- 
chants who  apply  for  shares  within  the  fixed  time  shall  be  allowed  to 
buy  of  shares  for  sale  any  number  they  wish. 

15.  Chinese  merchants  who  wish  to  bu)'-  shares  may  get  them  from 
the  Yii-Feng  Company,  who  will  procure  them  at  current  market 
rates,  or  they  may  themselves  buy  or  sell  the  shares  at  pleasure.  If 
any  Chinese  gentry  or  merchants  shall,  within  the  term  of  sixty  years, 
acquire  three-fourths  of  all  the  shares  of  any  one  mine,  that  mine  may 
then  be  redeemed  from  the  Syndicate,  and  the  Yii-Feng  Company 
shall  report  upon  same,  and  direct  that  shareholder  to  take  charge  of 
the  mine. 

16.  If,  within  the  area  authorized  for  opening  mines,  there  be  mines 
already  worked  by  the  people,  such  private  mines  shall  not  be  appro- 
priated, but  if  a  proprietor  be  willing  to  lease  or  sell  his  mine,  the 


TREATIES  AND  CONVENTIONS  WITH  (JHINA  AND  KOREA.      823 

Yu-Feng  Compan}"  and  the  Syndicate  shall  offer  a  reasonable  price  for 
it,  but  no  compulsion  shall  be  used. 

17.  Whenever  it  may  be  necessary  for  any  mine  to  make  roads, 
build  bridges,  open  or  deepen  rivers  or  canals,  or  construct  branch 
railways  to  connect  with  main  lines,  or  with  water  navigation  to  facil- 
tate  transport  of  Honan  coal,  iron,  and  all  other  mine  products  from 
the  province,  the  Syndicate,  on  reporting  to  the  Governor  of  Honan, 
is  authorized  to  proceed  with  the  works,  using  its  own  capital,  with- 
out asking  for  Government  funds. 

Regulations  for  the  branch  railways  are  to  be  made  in  due  time. 

Private  land  required  for  the  works  authorized  as  above,  shall  be 
leased  or  bought  according  to  the  rules  already  in  force  with  other 
public  Companies. 

No  encroachment  of  private  property  shall  be  allowed,  and  the  local 
authorities  must  be  applied  to  for  protection. 

IS.  At  the  end  of  every  year  a  printed  account  of  profit  and  loss 
shall  be  rendered  by  each  mine  to  the  Yii-Feng  Company,  and  each 
mine  shall  appoint  one  Chinese  and  one  foreign  auditor  to  examine 
the  accounts  and  certify  that  they  are  correct;  and  a  general  account 
of  profit  and  loss  for  all  the  mines  shall  be  jointly  prepared  and  sub- 
mitted to  the  Governor,  who  will  send  copies  to  the  Tsung-li  YamSn 
and  Board  of  Revenue  for  audit. 

Payments  due  to  the  Government  shall  be  reported  at  same  time. 

19.  These  mines  being  under  the  sovereignty  of  China,  should  China 
ever  be  at  war  with  another  country  the  Syndicate  will  obey  the 
orders  of  the  Chinese  Government  prohibiting  any  aid  to  the  enemy. 

20.  These  Regulations  shall  be  made  out  both  in  Chinese  and  foreign 
text,  each  party  to  have  a  copy  for  reference. 

Signed  in  Peking  on  the  21st  day  of  June,  1898,  being  the  3ixi  day 
of  the  5th  month  of  the  24th  year  of  the  Emperor  Kuang-Hsu. 
(Signed)  A.  Luzzatti, 

General  Agent  of  the  Peking  Syndicate  {Limited), 

[Seal  of  the  Pekiii^ 

Syndicate,  Limited.] 

(Signature  of  the  Chief  of  the  Yii-Feng 
Company.) 

[Seal  of  the 

Tsung-li  Yamfin.] 


Ko.  44. 

CHINA. 

INLAND    NAVIGATION— REGULATIONS    GOVERNING    TRADE    ON    THE 

YANG-TSZE-KI ANG. « 

PEKING,   AUGUST,    1898. 

Article  1.  Former  Regulations  rescinded. — ^The  Revised  Regula- 
tions of  Trade  on  the  Yang-tsze-Kiang  (1862)  having  been  amended, 
and  the  substance  of  their  provisions  having  been  incorporated  in  the 
present  Yang-tsze  Regulations,  the  said  Revised  Regulations  of  Trade 
on  the  Yang-tsze-Kiang  are  hereby  abrogated,  together  with  the  Port 
and  Customs  Regulations  thereon  dependent. 

Art.  2.  Ports^  Stages^  and  Passenger  Stations. — ^The  merchant  ves- 
sels of  the  Treaty  Powers  are  authorised  to  trade  on  the  Yang-tsze- 
Kiang  at  the  following  Treaty  Ports: — 

Chinkiang,  Nanking,  Wuhu,  Kiukiang,  Hankow,  Shasi,  Ichang,  and 
Chungking:  and  to  land  and  ship  goods  in  accordance  with  special 
regulations  at  the  following  non-Treaty  ports: — 

Tatung  and  Anking,  in  Anhwei;  Hukow,  in  Kiangsi;  Lukikow  and 
Wusueh,  in  Hukwang. 

Shipment  or  discharge  of  cargo  at  an}''  other  points  on  the  river  is 
prohibited,  and  any  violation  of  the  prohibition  will  be  dealt  with 
in  accordance  with  the  Treaty  provisions  applicable  to  clandestine 
trade  along  the  coast;  but  passengers  and  their  baggage  may  be 
landed  and  shipped  at  any  of  the  regular  passensrer  stations  (at  present 
consisting  of  Kiangyin  and  Ichang,  in  Liang  Kiang,  Hwangtzekang 
and  Hwangchow,  in  Hukwang:  passengers  baggage  must  not  contain 
articles  subject  to  duty,  and  the  presence  of  dutiable  articles  will  ren- 
der the  whole  liable  to  confiscation. 

Art.  3.  Three  Classes  of  Vessels. — Merchant  vessels  trading  on  the 
river  are  to  be  divided  into  three  classes: — 

First-class:  sea-going  vessels  trading  for  the  voyage  up  river  beyond 
Chinkiang. 

Second-class:  river  steamers  running  regularly  between  any  of  the 
river  ports  or  Shanghae  and  any  river  port. 

Third-class:  small  craft  (lorchas,  papicos,  junks,  &c.). 

«  British  Parliamentary  Blue  Book,  China,  No.  1  (1899),  p.  252. 
324 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      325 

These  three  classes  of  vessels  will  be  dealt  with  according  to  Treaty 
and  the  Rules  for  the  ports  traded  at. 

Art.  4.  Sea-going  Vessels. — Sea-going  vessels  trading  no  further  up 
river  than  Chinkiang  will  be  dealt  with  at  Chinkiang  in  every  respect 
like  vessels  trading  at  other  coast  ports;  but  sea-going  vessels  on  a 
voyage  further  up  river  than  Chinkiang  become  thereby  vessels  trad- 
ing on  the  river  of  the  first  class  set  forth  in  the  preceding  Article: 
such  merchantmen,  whether  steamers  or  sailing  vessels,  must  deposit 
their  Registers  with  the  Consul,  or,  if  Consularly  unrepresented,  with 
the  Customs,  at  Shanghae,  Woosung,  or  Chinkiang,  where  the  Cus- 
toms, on  receipt  of  a  Consular  application  or  a  deposit  of  papers,  will 
issue  a  Certificate  to  the  vessel,  to  be  called  the  "Special  River  Pass," 
on  which  shall  be  entered  the  vessel's  name,  flag,  registered  tonnage, 
general  cargo,  and  armament.  The  vessel  may  then  proceed  up  river 
and  at  whatever  Treaty  ports  she  trades  must  report  and  clear,  load 
and  unload  cargo,  and  pay  dues  and  duties  in  the  same  manner  as  at 
other  Treaty  ports  along  the  coast.  On  return  to  the  port  that  issued 
it — Chinkiang,  Woosung,  or  Shanghae — the  "Special  River  Pass"  is 
to  be  surrendered  to  the  Customs,  and  the  Customs,  on  having  ascer- 
tained that  all  dues  and  duties  have  been  paid  and  all  other  conditions 
satisfied,  will  then  issue  the  Grand  Chop  to  enable  the  vessel  to  pro- 
cure her  Register  and  proceed  to  sea. 

Art.  5.  River  Steamej^s. — Any  steamer  intended  to  trade  regularly 
on  the  river  may  deposit  her  register  at  the  Consulate  at  Shanghae, 
or,  if  Consularly  unrepresented,  at  the  Custom-house,  when  the  Cus- 
toms, on  the  receipt  of  a  Consular  application  or  on  the  deposit  of  the 
register,  will  issue  a  certificate,  on  which  shall  be  entered  the  vessel's 
name,  flag,  registered  tonnage,  and  armament,  to  be  called  the  "river 
pass,"  that  shall  be  valid  during  the  current  year;  such  river  pass 
must  be  renewed  every  year  either  at  Shanghae  or  at  Hankow  or 
Ichang  in  the  case  of  river  steamers  trading  above  those  places,  and 
not  returning  to  Shanghae. 

River  pass  steamers  will  report  and  clear,  load  and  discharge,  and 
pay  dues  and  duties  in  accordance  with  the  Customs  Regulations  of 
the  port  concerned;  their  tonnage  dues  are  to  be  paid  at  the  ports 
which  issue  or  renew  the  river  pass  (Shanghae,  Hankow,  or  Ichang). 

Infringement  of  River  Port  Regulations  will  be  punished  by  the 
infliction  of  the  penalties  in  force  at  other  Treaty  ports;  for  a  second 
offence  the  river  pass  may  be  cancelled  and  the  steamer  refused  per- 
mission to  trade  thenceforward  above  Chingkiang. 

Any  steamer  not  provided  with  a  river  pass,  if  proceeding  above 
Chinkiang,  will  come  under  the  rule  affecting  sea-going  vessels  laid 
down  in  Article  4,  and  will  be  treated  accordingly. 

Art.  6.  River  Pass  Steamer^  Cargo, — ^The  former  Regulation  having 
been  abrogated  which  made  it  obligatory  to  deposit  coast  trade  duties 


326     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

simultaneously  with  paying  export  duties,  river  pass  steamers  will 
now  pay  duties  in  the  same  way  as  vessels  at  other  Treaty  ports  along 
the  coast,  that  is,  export  duties  at  the  port  of  departure  before  ship- 
ment of  exports,  and  import  or  coast  trade  duties  at  the  port  of  dis- 
charge before  release  of  imports,  and  similarly  they  will  ship,  tranship, 
and  discharge  cargo  after  report,  examination,  and  issue  of  permit, 
in  the  same  way  as  vessels  at  Treaty  ports  along  the  coast. 

When  tea  is  landed  by  a  river  pass  steamer,  the  consignee,  instead 
of  paying  coast  trade  duty,  may  deposit  a  bond  for  the  amount;  on 
proof  of  reshipment  within  a  year  the  bond  will  be  cancelled.  When 
reshipped  tea  is  relanded  at  another  port — e,  ^.,  reshipped  at  Hankow 
and  relanded  at  Shanghae — a  new  bond  will  be  required  in  lieu  of  coast 
trade  duty,  to  be  cancelled  on  subsequent  reshipment;  and  so  on. 

Art.  7.  Small  Graft  {Loi'chas^  Papicos^  JimJcs^  i&c): — 

(a,)  Lorchas,  &c.,  owned  by  foreigners,  if  provided  with  registers, 
and  entitled  to  fly  national  flags,  are  required  to  take  out  a  special 
river  pass  either  through  the  Consulate  or  from  the  Customs  direct 
at  Chinkiang  if  proceeding  further  up  the  river.  They  will  report, 
work  cargo,  and  pay  duties  like  other  sea-going  special  river  pass 
vessels. 

(J.)  Papicos,  &c.,  owned  by  foreigners,  but  not  provided  with 
registers  or  entitled  to  fly  national  flags,  are  to  take  out  Customs  reg- 
isters at  the  port  they  belong  to,  and  report,  work  cargo,  and  pay 
duties  in  the  same  way  as  lorchas,  &c. 

((?.)  Chinese  junks  chartered  by  foreigners  are  only  available  for 
conveying  foreign-owened  cargo  from  Treaty  port  to  Treaty  port; 
they  must  take  out  special  junk  papers  at  the  Customs,  to  be  obtained 
in  exchange  for  bonds  executed  at  and  deposited  with  the  Customs, 
the  conditions  of  the  bond  being  that  the  cargoes  are  hon&fide  foreign 
property,  and  will  be  landed  and  pay  duty  at  a  Treaty  port,  and  the 
penalty  that  if  the  cargoes  fail  to  be  so  landed  and  pay  duty  no  char- 
tered junk  will  thereafter  be  cleared  for  the  foreigner  in  question. 
Such  junks  to  report,  work  cargo,  and  pay  duties  in  the  same  way  as 
lorchas,  papicos,  &c. 

Art.  8.  Cargo  Certificates. — Special  river  pass  merchantmen,  river 
pass  steamers,  and  lorchas,  papicos,  and  junks,  &c.,  must  apply  to  the 
Customs  at  the  port  of  departure  for  a  cargo  certificate  (^' tsung  tan"), 
which,  on  the  vessel's  arrival  at  the  port  of  destination,  must  be 
handed  in  to  the  Customs  before  permission  to  discharge  can  be  given. 
The  vessel  will  be  responsible  for  the  duties  on  all  goods  entered  on 
the  said  cargo  certificate,  and  not  landed  on  permit  at  port  of  discharge. 

Art.  9.  Miscellanemts, — Any  trading  vessel  falling  in  with  a  revenue 
cruiser  or  Customs  boat  on  the  Yang-tsze-Kiang  is  to  produce  her 
papers  for  inspection  if  examination  of  them  is  required.  Vessels 
unprovided  with  proper  papers  will  be  dealt  with  under  the  Treaty 
Articles  penalizing  clandestine  trade  along  the  coast. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      327 

The  Customs  may  seal  the  hatches  of  any  vessel  trading  on  the 
Yang-tsze,  and  may  place  Customs  officers  on  board  to  accompany  her 
on  the  trip,  whether  up  stream  or  down. 

Special  river  pass  vessels  of  the  first-class  are  not  required  to 
anchor  to  exhbit  their  papers  at  the  intermediate  ports  passed  and  not 
traded  at. 

Art.  10.  Yang-tsze  Cttstoms  and  Port  JSegulations. — ^The  adoption 
and  promulgation  of  new  Regulations  for  vessels  ti-ading  on  the  Yang- 
tsze  having  rendered  meaningless  sundry  Customs  and  Port  Regulations 
which  guided  procedure  under  the  former  system,  and  having  neces- 
sitated the  substitution  of  fresh  Regulations  and  different  practice 
under  the  system  now  introduced,  the  ports  concerned  (Shanghae, 
Chinkiang,  Nanking,  Wuhu,  Kiukiang,  Hankow,  Shasi,  Ichang,  and 
Chunking)  will  proceed  forthwith  to  arrange  and  publish  new  Rules 
and  Regulations,  and  these  are,  on  the  one  hand,  to  facilitate  trade, 
and,  on  the  other,  to  protect  revenue  and  prevent  smuggling. 

The  above  Regulations  are  open  to  revision  when  and  if  necessary.* 

a  The  above  Regulations  have  been  revised  and  amended  by  Art.  X  and  Annex  C 
oftheBritishTreatyofl903(see«Apra,  pp.  112, 118-120),  and  by  Art.  Ill  and  Annex  I 
of  the  Japanese  Treaty  of  1903  (see  supra,  pp.  122,  126-128). 


No.  45. 

GREAT  BBITATN. 

CONCESSION  AGREEMENT  RESPECTING  THE  NAN  P'lAO  COAL  MINES. « 

October  10,  1898. 

This  is  an  Agreement  between  his  Excellency  Hu,  Governor  of 
Peking,  Administrator-General  of  the  railways  of  North  China,  within 
and  without  Shan-hai-kuan,  hereinafter  called  the  "Administrator- 
Genei-al,"  of  the  one  part,  and  the  Hong  Kong  and  Shanghae  Bank- 
ing Corporation,  for  themselves  and  on  behalf  of  the  British  firm 
of  Jardine,  Matheson,  and  Co.,  representing  as  joint  agents  the 
British  and  Chinese  Corporation  (Limited),  hereinafter  called  the 
'*  Corporation,"  of  the  other  part. 

1.  The  Administrator-General  having  purchased  the  coal  mines 
known  as  Shang  P'iao,  Chung  P'iao,  and  Hsia  P'iao,  at  Nan  P'iao,  in 
the  district  of  Ch'ao  Yang,  now  enters  into  an  Agreement  with  the 
Corporation  to  operate  the  same  on  joint  account.  Any  other  mines 
in  the  neighbourhood  of  the  above,  or  of  the  railway  line  between 
Nu-erh-ho  and  Nan  P'iao,  and  between  Nan  P'iao  and  Chinchou  that 
may  subsequently  be  acquired  by  purchase  or  otherwise  by  the 
Administrator-General,  shall  also  come  under  the  terms  of  this  Agree- 
ment for  operation  either  on  joint  account  or  by  the  Corporation 
alone,  it  being  always  provided  that  all  operations  under  the  terms  of 
this  Agreement  are  optional  to  the  Corporation,  and  subject  to  a 
favourable  report  from  its  Mining  Engineer. 

2.  The  Corporation  shall  send  its  own  Mining  Engineer  as  soon  as 
possible  to  examine  the  property  acquired,  and  will  indicate,  after  con- 
sultation with  the  Administrator-General  and  the  Chief  Engineer  of 
the  Railway  Administration,  the  points  at  which  it  is  desirable  to  sink 
shaft  and  commence  operations.  The  Mining  Engineer  of  the  Cor- 
poration will  also  make  a  survey  of  the  whole  area  above  named,  with 
a  view  to  the  extension  of  operations,  and  on  the  receipt  of  his  Report 
upon  the  same,  the  Administrator-General  will  take  immediate  steps 
for  the  purchase  of  the  necessary  property  at  the  points  recommended 
in  the  Report.  No  compulsion  shall  be  used  in  the  purchase  of  such 
property  if  the  owner  refuses  to  part  with  it,  but  in  such  case  it  will 
be  arranged  that  the  Administrator-General  shall  have  the  first  refusal 
thereafter. 


a  British  Parliamentary  Blue  Book,  China  No.  2  (1899),  p.  40. 
328 


TBEATIE8  Am>  OOITVENTIONS  WITH  CHINA  AND  KOBEA.      329 

3.  An  estimated  capital  of  1,000,000  Kung-p'ing  taels  for  the  open- 
ing and  working  of  the  mines  shall  be  provided  in  equal  shares  by  the 
Administrator-General  and  the  Corporation,  either  by  private  sub- 
scription, the  public  issue  of  script,  or  in  such  other  manner  as  each 
party  may  deem  necessary  in  its  own  interests.  Of  the  estimated  cap- 
ital of  1,000,000  taels  the  sum  of  125,000  taels  shall  be  deposited  by 
the  Corporation  at  the  Hong  Kong  and  Shanghae  Bank,  London,  in 
£  sterling  not  later  than  the  30th  November,  1898,  and  the  sum  of 
125,000  taels  shall  be  deposited  by  the  Administrator-General  at  the 
Tien-tsin  branch  of  the  same  bank  on  or  before  the  same  date.  The 
balance  of  the  estimated  capital,  namely,  750,000  taels,  shall  be  sim- 
ilarly provided  in  equal  shares  hy  each  party  not  later  than  the  30th 
November,  1899.  All  such  deposits  shall  be  held  by  the  bank  to  the 
order  of  the  Corporation  for  the  purchase  of  plant  and  the  opening 
and  working  of  the  mines.  Should  an  increase  of  capital  be  found 
necessary  later  on,  it  shall  be  similarl}^  provided  in  equal  shares  by 
the  Administrator-General  and  the  Corporation. 

4.  The  construction  of  the  branch  line  from  Nu-erh-ho  to  the  Nan 
P'iao  collieries  will  be  carried  out  by  the  Administrator-General  in 
terms  of  his  Agreement  with  the  Corporation  for  the  Shan-hai-kuan- 
Newchwang  main  line  and  dependencies. 

5.  All  matters  of  exploitation,  administration,  employes,  and  finan- 
ces shall  be  undertaken  by  the  Coi-poration  in  co-operation  with  the 
Administrator-General  of  Railways. 

6.  The  mines  shall  have  one  foreign  Manager,  appointed  b}-  the 
Corporation,  and  one  Chinese  Manager,  appointed  by  the  Administra- 
tor-General; the  foreign  Manager  will  control  the  works,  and  the 
Chinese  Manager  will  attend  to  all  questions  between  natives  and 
foreigners. 

Accounts  shall  be  kept  on  the  foreign  system  })y  an  European 
Accountant. 

All  receipts  and  payments  of  money  will  be  controlled  by  the  for- 
eign Manager,  and  audited  by  the  Chinese  Manager. 

Chinese  shall  be  employed  in  the  mines  as  much  as  possible,  and 
where  aptitude  is  shown,  opportunity  will  be  given  to  Chinese  to  fit 
themselves  for  posts  of  responsibility. 

.  7.  The  royalty  and  taxes  to  be  paid  by  the  mines  are  restricted  to 
the  following: — 

(1.)  To  the  Taotai  of  Jehol  an  annual  fee  of  15  taels. 

(2.)  To  the  Imperial  Government  of  China  a  royal t\^  of  5  per  cent,  of 
the  output  of  coal,  or  its  value,  at  the  pit's  mouth. 

(3.)  To  the  Mongolian  Chief  of  the  district  a  commuted  payment  of 
1,500  taels  per  annum. 

(4.)  Duty  paj'able  by  the  Shang,  Chung,  and  Hsia  P'iao  mines, 
amounting  to  a  total  sum  of  790  taels  per  annum. 


330     TREATIES  AND  CONVElTriONS  WITH  CHINA  AND  KOREA. 

8.  Machinery  and  materials  required  for  the  use  of  the  niines  shall 
pay  one  customs  duty  and  a-half  on  importation,  in  accordance  with 
the  Regulations  of  the  Kaiping  mines,  and  shall  thereafter  be  free 
from  all  li-hin  or  other  imposts  whatever.  The  products  of  the  mines 
when  exported  from  a  seaport,  shall  pay  export  duty  according  to  the 
Customs  Tariff  on  the  produce  of  Chinese  Government  mines. 

9.  The  Railway  Administration  agrees  to  carry  over  its  lines  the 
output  of  the  mines  at  rates  not  exceeding  a  basis  of  720  big  cash  per 
ton  from  Nan  P'iao  to  Nu-erh-ho  up  to  a  monthly  tonnage  of  30,000 
tons,  anything  above  that  quantity  to  be  carried  at  25  per  cent,  dis- 
count on  this  Tariff,  and  10  big  cash  per  ton  per  mile  on  the  main  lines. 
These  i^ates  include  conveyance  of  the  coal  from  the  junction  of  col- 
liery sidings  to  the  Mining  Company's  yard  at  Yingkou,  the  filling 
and  discharge  of  cars  being  done  by  the  Mining  Company.  These 
rates  may  be  modified  from  time  to  time  by  arrangement  between  the 
Administrator-General,  the  Chief  Engineer  of  the  Railways,  and  the 
Corporation;  cases  of  dispute  shall  be  referred  to  an  arbitrator  to  be 
agreed  upon  by  the  parties  concerned,  and  so  far  as  they  refer  to  the 
handling  of  coal  at  the  mines,  wharves,  docks,  &c.,  the  rules  of  the 
Kaiping  mines  shall  be  taken  as  a  precedent. 

10.  In  considei-ation  of  the  special  transport  rates  given  by  the 
Railway  Administration  to  the  Mining  Company,  that  Company  will 
provide  fuel  to  the  railway  at  the  following  rates: — 

(1.)  Best  hand-picked  lump  coal  for  locomotives,  4,000  big  cash,  free 
in  cars,  per  ton  at  colliery. 

(2.)  Ordinary  lump  coal  for  stationary  boilers,  &c.,  3,000  big  cash, 
free  in  cars,  per  ton  at  colliery. 

(3.)  Small  coal  for  kilns  and  tank  heating,  2,200  big  cash,  free  iu 
cars,  per  ton  at  colliery. 

(4.)  Best  coke,  8,000  big  cash,  free  in  cars,  per  ton  at  colliery. 

Other  qualities  to  be  arranged  on  the  above  basis  of  charges,  as 
may  be  from  time  to  time  necessary. 

11.  In  matters  of  compensation  to  miners  for  injuries,  of  limit  of 
working  hours,  &c.,  the  Corporation  shall  be  guided  by  European 
and  American  Mining  Regulations  bearing  on  these  questions,  so  far 
as  these  are  applicable. 

12.  Should  the  Corporation  desire  to  issue  a  prospectus  for  the 
mines  and  invite  subscriptions  from  the  public  at  any  time,  the 
Administrator-General  will  grant  his  official  seal  to  such  documents 
as  may  be  necessary  for  the  ratification  to  the  public  of  the  Corpora- 
tion's rights. 

13.  Wherever  it  shall  be  necessary  to  construct  roads,  bridges,  or 
accessories  necessary  for  the  working  of  the  mines,  or  for  the  trans- 
port of  their  produce,  the  Corporation  will  notify  the  Administrator- 
General,  who  shall  thereupon  make  prompt  arrangements  with  the 
local  officials  to  facilitate  the  carrying  out  of  the  same. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      331 

14.  At  the  end  of  every  half-year,  an  account  of  profit  and  loss, 
signed  by  the  foreign  and  Chinese  Managere,  shall  be  rendered  to  the 
Administrator-General.  All  the  working  expenses  of  the  mines, 
deterioration  of  plant,  salaries  of  Europeans  and  Chinese  staff,  the 
royaltj^  and  taxes  on  output,  customs  import  and  export  dues,  and  dis- 
bursements of  every  nature  shall  be  placed  to  the  debit  of  this  account, 
the  net  balance  of  which,  if  a  profit  shall  be  shared  equally  hy  the 
Administrator-General  and  the  Corporation,  if  a  loss,  will  fall  equally 
on  both  parties. 

15.  Immediately  after  the  signature  of  this  Argeement  the  Admin- 
istrator-General will  memoralize  the  Throne,  and  obtain  an  Imperial 
Edict  confirming  and  sanctioning  the  provisions  of  this  Agreement. 

The  Imperial  Edict  so  received  will  be  then  communicated  officially 
and  without  delay  by  the  Tsung-li  YamSn  to  the  British  Minister  at 
Peking,  that  he  may  take  the  usual  steps  with  regard  to  commercial 
undertakings. 

16.  This  Agreement  is  executed  in  quadruplicate,  in  English  and 
Chinese,  one  copy  to  be  retained  by  the  Administrator-General,  one 
b}'  the  Tsung-li  YamSn,  one  by  the  British  Minister  at  Peking,  and 
one  by  the  Corporation.  Should  any  doubt  arise  as  to  the  interpreta- 
tion of  the  contract  the  English  text  shall  be  accepted  as  the  standard. 

Signed  at  Peking  by  the  Contracting  Parties  this  twenty-fifth  day 
of  the  eight  month  of  the  twenty-fourth  year  of  the  Emperor  Kuang 
Hsii,  being  the  tenth  day  of  October,  one  thousand  eight  hundred  and 
ninety-eight,  Western  Calendar. 

(Seal  of  the  Railway  Administration.) 
(For  the  Hong  Kong  and  Shanghae  Banking  Corporation.) 
(Signed.)  E.  G.  Hillier, 

Agent^  Attorney  for  the  British  and  Chinese  Corporation  {Limited) 


Ko.  46. 

GREAT  BRITAIN. 

SHAN-HAI-KUAN-NEWCHWANG   RAILWAY  LOAN  AGREEMENT.^ 

Signed  at  Peking,  October  10,  1898. 

This  agreement  is  made  between  his  Excellency  Hii,  Governor  of 
Peking,  as  Administrator-General  of  the  Railways  of  North  China 
within  and  without  Shan-hai-kuan,  acting  under  the  authority  of  the 
Imperial  Chinese  Government,  hereinafter  called  the  "Administrator- 
General,"  of  the  one  part,  and  the  Hong  Kong  and  Shanghae  Bank- 
ing Corporation,  for  themselves  and  on  behalf  of  the  British  firm  of 
Jardine,  Matheson,  and  Co.,  representing  as  joint  agents  the  British 
and  Chinese  Corporation  (Limited),  hereinafter  called  the  "Corpora- 
tion," of  the  other  part: 

Whereas,  on  the  7th  day  of  June,  1898,  being  the  19th  day  of  the 
4th  month  of  the  24th  year  of  the  Emperor  Kuang-Hsii,  a  preliminary 
Agreement  was  signed  at  Peking*  between  the  Admifiistrator-Genei-al 
and  the  Hong  Kong  and  Shanghae  Banking  Coiporation,  representing 
a  British  Syndicate,  for  a  sterling  loan  for  the  equivalent  of  about 
16,000,000  taels  for  the  construction  of  a  railway  line  from  Chung- 
hou-so  to  Hsin-ming-t'ing  and  a  branch  line  to  Ying-tzu,  and  for  the 
redemption  of  existing  loans  made  to  the  Tien-tsin-Shan-hai-kuan  and 
Tien-tsin-Lukouchiao  Railway  lines;  and 

Whereas  in  terms  of  the  preliminary  Agreement  a  period  of  three 
months  from  its  date  was  allowed  to  the  Syndicate  to  acceptor  decline 
its  conditions;  and 

Whereas  the  Hong  Kong  and  Shanghae  Banking  Corporation,  before 
the  expiration  of  the  period  named,  duly  notified  the  Administrator- 
General  that  it  is  prepared,  with  certain  modifications,  to  arrange 
the  issue  of  the  loan  upon  the  conditions  named  in  the  preliminary 
Agreement: 

It  is  now  agreed  as  follows: — 

1.  The  Corporation  agrees  to  issue  on  behalf  of  the  Administrator- 
General  a  sterling  loan  for  the  amount  of  2,300,000^.,  the  proceeds  of 
which  are  to  be  applied  in  the  order  following: — 

(1.)  To  the  redemption  forthwith  or  at  maturity  of  the  loans  and 
advances  specified  in  the  statement  attached  to  this  Agreement  which 

"British  Parliamentary  Blue  Book  China  No.  g  (1899),  p.  29. 
^'See  supra,  p.  317. 
332 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      333 

have  been  made  by  foreign  banks  to  the  Tien-tsin-Shan-hai-kuan  and 
the  Tien-tsin-Lukouchiao  Railway  lines.  The  Administrator-General 
hereby  certifies  that  the  total  amount  of  the  liabilities  due  by  the  lines 
named  does  not  exceed  the  sum  of  3,000,000  taels. 

(2.)  To  the  carrying  out  within  a  period  of  three  years  from  the 
date  of  this  Agreement  of  certain  improvements  and  additions  to  roll- 
ing-stock on  the  existing  lines  between  Peking  and  Shan-hai-kuan, 
re'conmiended  by  the  European  Chief  Engineer,  and  estimated  by  him 
to  cost  about  1,500,000  taels. 

(3.)  To  the  construction  of  a  railway  line  from  Chung-hou-so  to 
Hsin-ming-t'ing,  and  one  from  a  point  on  that  line  near  Shih-san-chan 
to  Ying-tzu,  and  of  a  branch  line  from  Nu-erh-ho  to  the  collieries  of 
Nan  P'iao. 

The  Administrator-General  engages  that  the  construction  of  the 
new  lines  here  specified  shall  be  completed  within  a  period  of  three 
years  from  the  date  of  this  Agreement. 

2.  In  the  event  of  the  proceeds  of  this  loan  being  insufficient  for 
the  completion  of  the  new  lines  here  specified,  thfe  Administrator- 
General  will  provide  or  will  ari*ange  with  the  Imperial  Government 
of  China  to  provide  funds  from  other  sources  sufficient  to  complete 
their  construction. 

3.  This  loan  shall  be  a  first  charge  upon  the  security  of  the  perma- 
nent way,  rolling-stock,  and  entire  property,  with  the  freight  and 
earnings  of  the  existing  lines  between  Peking  and  Shan-hai-kuan, 
and  on  the  freights  and  earnings  of  the  new  lines  when  constructed. 
The  Administrator-General  shall,  during  the  continuance  of  this  loan, 
maintain  the  railway  buildings,  works,  rolling-stock,  and  dependencies 
in  good  order  and  condition,  and  shall  increase  the  rolling-stock  from 
time  to  time  to  such  extent  as  shall  be  necessary  for  the  requirements 
of  the  traffic. 

Should  it  be  decided  hereafter  to  construct  branch  lines  or  exten- 
sions connecting  with  the  lines  herein  named,  their  construction  shall 
be  undertaken  by  the  Railway  Administration,  and  should  the  funds 
of  the  Railway  Administration  be  insufficient  for  that  purpose,  it  shall 
apply  to  the  Corporation  for  the  same. 

4.  The  principal  and  interest  of  this  loan  are  guaranteed  by  the 
Imperial  Government  of  China,  and  in  the  event  of  default  in  pay- 
ment of  interest  or  repayment  of  principal  at  due  date,  the  Coipora- 
tion  shall  immediately  notify  the  Imperial  Government  of  China 
thereof,  and  the  Imperial  Government  of  China  will  thereupon  pro- 
vide the  funds  necessary  to  meet  such  payment  in  sterling  in  Lon- 
don. In  the  event  of  the  Imperial  Government  of  China  being 
unable  to  provide  the  funds  necessary  to  meet  a  payment  of  interest 
or  principal  when  called  upon  by  the  Corporation  to  do  so  in  terms 
of  this  clause,  the  said  railway  lines  and  the   entire  property  shall 


334     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

thereupon  be  handed  over  to  representatives  deputed  by  the  Cor- 
poration to  manage,  on  their  behalf,  until  principal  and  interest 
of  the  loan  have  been  redeemed  in  full,  when  the  management  will 
revert  to  the  Railway  Administration.  It  is  provided  that  should 
arrears  of  interest  or  principal  be  for  a  small  sum,  and  it  appear 
desirable  to  the  Corporation  to  extend  the  due  date  of  their  payment 
for  a  term  not  exceeding  three  months,  it  shall  be  open  to  the 
Corporation  to  do  so. 

This  arrangement,  which  differs  from  other  contracts  in  that  the 
Administrator-General  retains  control  of  the  railway  lines  so  long  as 
the  principal  and  interest  of  this  loan  are  regularly  paid,  has  been 
agreed  to  in  consequence  of  the  friendly  relations  which  have  long 
existed  between  the  Contracting  Parties. 

5.  No  further  loan  shall  be  charged  upon  the  security  named  above, 
except  through  the  Corporation,  until  this  loan  is  redeemed,  and  the 
Tsung-li  Yamen  will  hand  to  the  British  Minister  in  Peking  a  written 
undertaking  on  behalf  of  the  Imperial  Government  of  China  that  the 
railway  lines  named  in  this  Agreement  shall  never  be  alienated  or 
parted  with. 

6.  During  the  currency  of  this  loan  the  Chief  Engineer  of  the  rail- 
ways shall  be  a  British  subject.  The  principal  members  of  the  railway 
staff  shall  be  capable  and  experienced  Europeans,  who  shall  be,  as  at 
present,  appointed  by  the  Administi-ator-General  of  the  Railways,  and 
may  be,  in  the  event  of  their  misconduct  or  incompetency,  dismissed 
after  consultation  with  the  Chief  Engineer. 

If  there  are  Chinese  with  sufficient  engineering  or  traffic  experience 
they  may  be  appointed  as  well  as  Europeans. 

Should  it  be  necessary  to  appoint  a  new  Chief  Engineer,  such 
appointment  shall  be  made  in  consultation  with  the  Corporation. 

In  addition  to  the  above,  a  capable  and  efficient  European  Railway 
Accountant  shall  be  appointed,  with  full  powers  to  organize  and  direct 
the  keeping  of  the  railway  accounts,  and  to  act  with  the  Administrator- 
General  and  the  Chief  Engineer  of  the  railway  in  the  supervision  of 
receipts  and  expenditure. 

7.  The  railway  lines  named  in  this  Agreement  being  Imperial  Chinese 
Government  lines,  in  the  event  of  war  or  famine,  Chinese  Government 
troops  and  grain  may  be  transported  over  the  lines  free. 

8.  All  receipts  and  earnings  of  the  lines  herein  specified  shall  be  paid 
into  the  credit  of  the  Railway  Administration  with  the  Hong  Kong 
and  Shanghae  Banking  Corporation,  Tien-tsin,  together  with  60,000 
taels  annually,  payable  under  the  Board  of  Revenue's  arrangement 
approved  by  the  Throne,  by  each  of  the  Provinces  of  Shansi,  Shensi, 
Honan,  and  Anhui,  for  mlway  purposes  for  ten  years. 

All  expenses  of  working  and  maintaining  the  lines  will  be  paid  from 
their  receipts  and  earnings,  the  remainder  of  which,  together  with  the 


TEEATIE8  AND  COinrENTIONS  WITH  CHINA  AND  KOEEA.      335 

provincial  funds  above  named,  shall  then  be  charged  with  the  service 
of  this  loan.  Payments  of  interest  and  repayments  of  principal  shall 
be  made  in  equal  monthly  instalments,  and  in  accordance  with  amounts 
and  dates  of  a  yearly  Schedule,  which  will  be  furnished  to  the  Admin- 
istrator-General by  the  Bank.  These  payments  shall  be  made  by  the 
Administrator-General  to  the  Hong  Kong  and  Shanghae  Banking  Cor- 
poration, Tien-tsin,  in  Kungp'ing  sycee  sufficient  to  provide  the  ster- 
ling amount  due  to  the  bondholders  in  terms  of  the  prospectus  of  the 
loan,  the  rate  of  exchange  for  these  payments  being  fixed  by  that  Bank 
as  each  such  payment  becomes  due.  In  reimbursement  of  expenses 
incurred  in  connection  with  the  distribution  of  the  service  to  the  bond- 
holders of  the  principal  and  interest  of  the  loan,  the  Hong  Kong  and 
Shanghae  Banking  Corporation,  Tien-tsin,  shall  receive  from  the  Rail- 
way Administration  a  commission  of  i  per  cent,  on  the  annual  loan 
service,  which  will  be  included  in  the  yearly  Schedule  for  the  same. 

9.  The  term  of  the  loan  shall  be  forty-five  years,  and,  subject  to  the 
modification  mentioned  hereinafter,  repayment  of  principal  shall  be 
made,  so  far  as  regards  the  bondholders,  in  forty  equal  annual  instal- 
ments, commencing  with  the  sixth  year. 

10.  Interest  on  the  loan  shall  be  charged  at  the  rate  of  5  per  cent, 
per  annum  on  the  nominal  principal,  and  shall  be  calculated  on  the  bal- 
ance of  such  principal  at  any  time  outstanding,  payments  of  interest 
being  made  by  the  Administrator-General  in  accordance  with  the 
amounts  and  dates  specified  in  the  yearly  Schedule  to  be  provided. 

11.  The  loan  will  be  redeemed  by  annual  drawings  in  London  as 
provided  for  in  the  prospectus.  Besides  the  drawings  as  provided 
for,  the  Administrator-General  may,  on  giving  three  months'  notice 
to  the  Corporation,  call  for  exra  drawings  to  be  held,  for  any  amount. 
Bonds  so  drawn  to  be  redeemed  by  the  Railway  Administration  at  20 
per  cent,  premium  on  their  par  value.  Any  such  extra  drawings 
must  take  place  on  the  date  of  the  ordinary  drawing  provided  by  the 
prospectus.  • 

In  the  event  of  such  exti-a  drawmgs  taking  place,  subsequent  pay- 
ments of  interest  will  be  adjusted  in  the  yearly  Schedule  to  be  pro- 
vided, but  repayments  of  principal  shall  continue  unaltered  in  terms 
of  clause  9  of  this  Agreement  until  the  loan  is  redeemed. 

The  Imperial  Government  of  China  hereby  engages  that  this  loan 
shall  not  be  redeemed  or  converted  otherwise  than  as  herein  provided. 

12.  The  price  agreed  upon  for  this  loan  is  90  per  cent,  net  of  the 
nominal  principal,  but  should  an  unfavourable  state  of  the  market 
prevail  at  the  time  of  issuing  the  prospectus,  the  Corporation  is  here- 
by authorized  to  reduce  the  price  of  the  loan,  at  its  own  discretion,  to 
not  less  than  88  per  cent,  net  to  the  Railway  Administration. 

13.  The  Corporation  are  hereb}^  authorized  to  issue  to  subscribers 
to  the  loan  bonds  for  the  total  amount  of  the  loan  in  pounds  sterling, 


336     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

in  such  form  and  for  such  amounts  as  shall  appear  desirable  to  the 
Corporation,  and  the  Minister  for  China  in  London  will  seal  all  such 
bonds  with  his  official  seal,  as  evidence  that  the  Imperial  Government 
of  China  is  bound  thereby.  Each  such  bond  shall  bear  the  following 
clause: — 

''The  Imperial  Government  of  China,  pursuant  to  an  Imperial 

Edict,  dated ,  unconditionally  guarantees  and  declares  itself 

responsible  for  the  payment  of  the  principal  moneys  and  interest 
hereby  secured,  and  in  faith  thereof  it  has  specially  authorized  the 
Chinese  Minister  in  London  to  seal  this  bond  with  his  official  seal." 

14.  All  bonds  and  coupons  and  payments  made  and  received  in  con- 
nection with  this  loan  shall  be  exempt  from  Chinese  taxes  and  imposts 
for  ever. 

15.  All  details  necessary  for  the  prospectus  and  connected  with  the 
service  to  the  bondholders  of  the  interest  and  repayment  of  principal 
of  this  loan,  not  herein  explicitly  provided  for,  shall  be  left  to  the 
arrangement  of  the  Corporation,  who  are  hereby  authorized  to  issue 
a  prospectus  of  the  loan  as  soon  as  possible  after  the  signing  of  this 
Agreement. 

The  Tsung-li  Yamen  will  instruct  the  Chinese  Minister  in  London 
to  co-operate  with  the  Corporation  in  any  matters  requiring  conjoint 
action. 

16.  The  loan  shall  be  issued  to  the  public  as  soon  as  possible  after 
the  signing  of  this  Agreement,  and  shall  date  from  the  first  day  of  the 
month  of  its  issue.  Payment  of  the  entire  proceeds  will  be  made  in 
London  to  the  order  of  the  Administrator-General  not  later  than  the 
31st  day  of  March,  1890;  of  the  above  proceeds,  the  Corpomtion  will 
advance  to  the  order  of  the  Administrator-General  in  London,  on  or 
before  the  31st  day  of  October  next,  the  sum  of  250,000Z.;  this 
advance  will  bear  interest  at  the  rate  of  5i  per  cent,  per  annum  until 
such  time  as  the  first  instalment  of  the  loan  proceeds  shall  be  availa- 
ble, when  it  shall  be  deducted  from  those  proceeds  by  the  Corporation. 

17.  In  the  event  of  an  unfavoui'able  state  of  the  market  rendering 
the  issue  of  this  loan,  and  the  payment  of  its  proceeds  to  the  Railway 
Administration  impossible  pn  the  terms  named  without  loss  to  the 
Corporation,  the  Corporation  shall  be  granted  such  extension  of  time 
for  the  performance  of  its  contract  with  the  Administrator-General  as 
the  circumstances  demand,  any  advances  or  instalments  of  proceeds 
already  made  to  the  Railway  Administration  being  in  that  case  treated 
as  regards  payment  of  interest,  repayment  of  principal,  security,  and 
Imperial  Chinese  Government  guarantee  in  terms  of  this  present 
Agreement,  and  as  forming  part  of  the  principal  amount  of  this  loan. 
Similar  extension  of  time  for  the  issue  of  this  loan  and  payment  of 
its  proceeds  shall  also  be  granted  in  the  event  of  the  Deutsch-Asiatische 
Bank,  Berlin,  objecting  to  its  issue  before  the  month  of  April  next,  in 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      337 

accordance   with  the  terms  of  clause  9   of  the  Agreement  for  the 
Chinese  Imperial  Government  ^i  per  Cent.  Sterling  Loan  of  1898. 

18.  Immediately  after  the  signature  of  this  Agreement,  and  before 
the  issue  of  the  prospectus  of  the  loan  to  the  public,  the  Administrator- 
General  will  memorialize  the  Throne  and  obtain  an  Imperial  Edict  con- 
firming and  sanctioning  the  provisions  of  this  Agreement,  the  Impe- 
rial Edict  so  received  being  then  communicated  officially  and  without 
delay  by  the  Tsung-li  Yamen  to  the  British  Minister  in  Peking. 

19.  The  Corporation  may,  subject  to  all  its  obligations,  transfer  or 
delegate  all  or  any  of  its  rights,  powers,  and  discretions  to  any  Brit- 
ish Company,  Directors,  or  Agents,  in  consultation  with  the  Admin- 
istrator-General, with  or  without  power  of  further  transfer  and 
sub-delegation. 

20.  This  Agreement  is  executed  in  quadruplicate  in  English  and 
Chinese,  one  copy  to  be  retained  by  the  Administrator-General,  one 
by  the  Tsung-li  Yamen,  one  by  the  British  Minister  in  Peking,  and 
one  by  the  Corporation.  Should  any  doubt  arise  as  to  the  interpreta- 
tion of  the  contract,  the  English  text  shall  be  accepted  as  the  standard. 

Signed  at  Peking  by  the  Contracting  Parties  this  25th  day  of  the 
eighth  month  of  the  twenty-fourth  year  of  the  Emperor  Kuang-Hsu, 
being  the  10th  day  of  October,  1898,  Western  Calendar. 

27938—04 22 


No.  47. 

CHESTA. 

REGULATIONS  CONCERNING  FOREIGN  LOANS  IN  CHINA  FOR  MINING 
AND  RAILWAY  PURPOSES. 

October  26,  1898. 

On  October  26th,  1898,  the  Tsung-li  Yamen  sent  the  following 
instruction  to  the  Chinese  diplomatic  representatives: 

On  the  4th  day  of  the  eleventh  moon  in  the  seventeenth  year  of 
Kwang-hsu  (December  4,  1891),  this  Yamen  transmitted  to  the  repre- 
sentatives of  foreign  powers  at  Peking — copies  of  a  joint  memorial 
presented  on  the  24th  da}^  of  the  tenth  moon  in  the  seventeenth  year 
of  Kwang-hsu  (November  25,  1891),  by  the  Board  of  Revenue  and 
this  Yamen,  which  provides  that  in  the  negotiation  of  a  foreign  loan 
by  Chinese  oflScials,  of  whatever  rank,  the  agent  for  the  interested 
foreign  capitalists  is  required  to  report  first  to  the  representative  of 
his  country  at  Peking — and  ascertain  from  the  Tsung-li  Yamen  whether 
the  matter  has  been  reported  to  and  sanctioned  by  the  Throne  before 
making  the  loan;  and  that  if  a  loan  is  made  privately,  notwithstand- 
ing the  fact  that  there  is  no  evidence  of  imperial  sanction,  the  Gov- 
ernment will  neither  recognize  the  claim  nor  undertake  to  compel 
restitution  in  case  of  trouble,  though  the  official  seal  may  have  been 
affixed  to  the  contract.  On  the  7th  day  of  the  eleventh  moon  (Decem- 
ber 7, 1891),  copies  of  the  above-mentioned  memorial  were  sent  to  the 
diplomatic  representatives  of  China  abroad  with  the  request  that 
copies  be  communicated  to  the  departments  for  foreign  affairs  of  the 
respective  countries  to  which  they  were  accredited,  in  order  that  the 
same  might  be  published  for  the  information  of  foreign  capitalists. 

On  the  24th  da}'^  of  the  sixth  moon  in  the  twenty-fourth  year  of 
Kwang-hsu  (August  11, 1898),  a  memorial  was  presented  to  the  Throne 
by  the  Department  of  Mining  and  liailroads,  reporting  the  establish- 
ment of  that  department  at  Peking  and  recommending  that  the  various 
propositions  started  by  officials  and  private  individuals  before  the 
establishment  of  the  department  but  not  adopted  should  not  be  deemed 
as  settled,  and  was  duly  approved  by  the  Emperor. 

Now,  on  the  !^8th  day  of  the  seventh  moon  (September  13,  1898)  copy 
of  a  memorial  to  the  Throne  presented  by  Hu  Yu-fen,  governor  of 
Peking,   was  received  from   the    privy    council,  proposing  that  the 

338 


TKEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      339 

Tsung-li  Yamfen  be  commanded  to  inform  all  the  Diplomatic  Represent- 
atives of  foreign  powers  at  Peking,  with  the  view  of  their  notifying 
the  capitalists  of  their  respective  countries,  that  all  contracts  for 
foreign  loans  entered  into  by  the  provincial  authorities  for  the  open- 
ing of  mines  and  the  construction  of  railroads  without  the  written 
approval  of  the  Imperial  Government  shall  be  deemed  null  and  void, 
together  with  an  imperial  decree  ordering  the  Tsung-li  Yam^n  to 
devise  means  for  carrying  the  same  into  eflfect. 

In  view  of  the  undeveloped  state  of  the  mineral  resources  of  the 
various  provinces  of  the  Empire  and  the  initial  stage  in  the  construc- 
tion of  trunk  and  branch  lines  of  railroads,  it  has  been  this  Yamen's 
policy  to  allow  foreign  capital  to  be  used  for  these  purposes,  to  the 
end  that  both  Chinese  and  foreigners  may  derive  advantages  there- 
from. But,  in  order  to  obtain  good  results,  affairs  must  be  well 
managed  and  money  must  be  economically  expended.  It  is  feared  that 
there  may  be  unscrupulous  Chinese  persons  who,  claiming  with  fraud- 
ulent intent  to  be  concessionnaires  of  this  road  or  that  mine,  may 
enter  into  private  agreements  with  foreign  capitalists  for  the  purpose 
of  obtaining  money  under  false  pretenses,  and  that  foreign  capitalists 
may  become  unwitting  victims  of  such  f  mud  and  waste  their  substance 
to  no  purpose.  This  certainly  is  not  the  object  of  our  Government 
in  developing  the  resources  of  the  Empire,  by  opening  mines  and  con- 
structing railroads  for  the  mutual  benefit  of  Chinese  and  foreigners. 
Now,  this  Government  desires  to  give  it  the  widest  publicity,  that  all 
contracts  for  foreign  loans  to  be  expended  for  the  opening  of  mines 
and  construction  of  railroads  in  China,  in  order  to  be  valid,  must  be 
certified  and  approved  by  the  Department  of  Mining  and  Railroads, 
and  that  all  agreements  privately  entered  into  with  foreign  capitalists 
without  the  certification  and  approval  of  the  Department,  no  matter 
how  large  the  amount  of  subscribed  capital  may  be  for  the  purpose  of 
opening  mines  and  constructing  railroads,  shall  be  deemed  null  and 
void,  so  as  to  put  a  stop  to  all  fraud  and  deception  and  encourage  fair 
and  honest  dealing. 

Copies  of  this  communication  have  been  transmitted  to  the  Diplo- 
matic Representatives  of  foreign  powers  at  Peking,  and  you  ^'are 
requested  to  communicate  a  copy  of  the  same  to  the  Secretary  of  State 
for  his  information,  and  when  you  have  received  his  reply  to  send  a 
copy  to  this  YamSn. 

Dated  this  12th  day  of  the  ninth  moon  in  the  twenty-fourth  ^ear  of 
Kwang-hsu  (October  26,  1898). 

^^That  is  to  say  the  Chinese  Minister  at  Washington,  who  communicate<l  the  above 
to  the  Secretary  of  State. 


No.  48. 

CHIISA. 

REGULATIONS   FOR  MINKS  AND  RAILWAYS.^ 
Approved  by  the  Emperor  of  China,  November  19,  1898. 

[Translation.] 

1**.  Mines  and  i-ailways  are  managed  in  three  different  ways: 

Management  by  officials  of  the  government; 

Management  by  merchants; 

Joint  management  by  officials  and  merchants. 

Albeit,  no  mode  is  better  than  the  management  by  merchants. 

Exclusive  of  the  enterprises  already  begun  before  the  establishment 
of  the  General  Administration,  the  leading  idea  must  henceforth  be  to 
have  as  many  managements  by  merchants  as  possible.  The  authorities 
shall  take  steps  to  develop  these  enterprises  and  to  protect  them  by  all 
means,  but  always  without  it  being  permissible  for  them  to  interfere 
with  the  rights  of  the  companies. 

2.  The  General  Administration  has  secured  through  a  report  to  the 
Throne,  that  all  uncompleted  contracts  for  enterprises  either  by  officials 
or  by  merchants,  anterior  to  the  date  of  the  Imperial  Decree  creating 
the  General  Administration,  shall  be  passed  on,  and  that  they  must  be 
deferred  until  either  sanctioned  or  rejected,  as  the  case  may  be.  They 
shall  not  be  held  (before  that)  to  have  been  finally  granted. 

All  mines  or  railways  opened  in  the  various  provinces  subsequent 
to  the  establishment  of  the  General  Administration — either  those  of 
officials  or  those  of  merchants,  either  Chinese  or  foreign,  shall  comply 
with  the  regulations  fixed  after  presentation  to  the  Throne  of  the  report 
of  our  General  Administration. 

Applications  in  whatever  province  made  in  compliance  with  mining 
or  railway  regulations  of  an  earlier  date  than  that  of  the  establishment 
of  the  General  Administration,  shall  not  be  granted 

3.  Mining  and  railway  questions  in  the  three  Manchurian  Provinces, 
in  Shan-tung  and  at  Lung-chou  being  affected  by  international  ques- 
tions, shall  not  hereafter  be  invoked  as  precedents,  as  regards  the 
Chinese  capital  or  the  foreign. 

o  Documents  Diplomaiiques,  Chine,  1898-1899,  pp. '123-128. 
340 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      341 

4.  Mines  and  railways  are  essentially  separate  undertakings.  It  is 
permissible  to  treat  them  separately  and  not  jointl}'.  Railway  com- 
pany regulations  for  the  opening  of  mines  along  their  roads  may  not 
be  invoked  as  precedents  for  requests  for  mining  rights.  As  to  branch 
railways  to  mining  hills,  permission  to  build  which  to  connect  with 
waterways  has  been  granted  for  the  purpose  of  carrying  the  produce 
of  the  mines,  such  lines  may  only  be  cawried  as  far  as  the  nearest  water 
communication,  and  it  is  not  allowed  them  to  carry  passengers  or  mer- 
chandise, or  to  indirectly  interfere  with  the  rights  ceded  to  railways. 
It  will  be  necessary  furthermore  to  have  submitted  beforehand  plans 
of  the  localities  where  are  to  be  built  branch  railwa3^s  for  mining  pur- 
poses, and  to  report  them  to  the  General  Administration  w  hich  will 
examine  them. 

5.  All  those  receiving  a  mining  or  i-ailway  concession  shall  establish 
schools  for  technical  training.  Alread}^  a  report  has  been  submitted 
to  the  Throne  ou  this  subject  looking  to  its  genei'al  application,  and  it 
must  of  course  be  carried  out  in  a  imiform  manner. 

6.  When  applications  are  made  b}^  the  gentr}^  or  merchants  of  any 
of  the  provinces  to  the  local  officials  for  concessions  for  mines  or  rail- 
ways, the  said  local  authorities  shall  in  the  first  place  inquire  into  the 
character  and  standing  of  the  applicants,  if  their  families  are  possessed 
of  property  and  if  their  applications  contain  nothing  contrary  to  the 
Regulations  enacted  after  submission  to  the  Throne.  An  official  com- 
munication may  then  be  addressed  by  the  local  authorities  to  the 
Genei'al  Administration  to  advise  it,  and  so  that  it  nia}'  take  action  after 
inquiry.     The  local  officials  have  no  power  to  grant  such  applications. 

If  applications  are  made  directly  to  the  General  Administration,  the 
latter  must  not  omit  to  request,  by  an  official  communication,  the  local 
authorities  at  the  home  of  the  interested  gentr}^  to  make  an  inquiry.  If 
there  is  absolutely  no  doubt  concerning  them,  the  application  shall  be 
granted.     By  this  means  fraud  and  intrigue  will  be  prevented.  ' 

7.  When  a  mining  or  railway  company  shall  have  surveyed  and 
determined  the  land  over  which  it  must  necessarily  pass  in  any  given 
locality,  the  local  authorities  shall  in  the  first  placenotif3^all  the  people 
by  means  of  proclamation,  and  they  shall  not  offer  wanton  opposition. 
As  to  the  land  purchased  by  the  company,  if  there  happen  to  be  dwell- 
ings or  tombs  on  it,  means  must  be  found  to  get  round  them  so  as  not 
to  offend  the  feelings  of  the  people,  and  so  as  to  prevent  quarrels. 
There  must  be  neither  acts  of  violence  or  constraint. 

8.  When  the  sanction  of  the  General  Administration  shall  have  been 
given  to  open  mines  or  railwaj'^s,  work  must  be  begun  on  them 
within  six  months  from  the  date  of  authorization,  no  matter  whether 
it  be  Chinese  or  foreign  capital.  As  soon  as  permission  to  begin 
work  shall  have  been  granted,  if  work  is  delayed  and  if  the  date  for 


342   TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

beginning  it  is  not  made  known  by  a  report,  the  sanction  will  be  with- 
drawn. If  it  is  shown  that  the  delay  was  unavoidable,  this  rule  shall 
not  apply.     Previous  notice  is,  moreover,  necessary. 

9.  In  securing  capital,  every  eflfort  must  be  made  to  get  the  largest 
proportion  possible  of  Chinese.  Regardless  of  the  way  the  scheme  is 
put  on  the  market,  the  lump  sum  needed  for  the  undertaking  must 
be  estimated,  and  there  must  be  in  the  first  place  secured,  as  a  basis  of 
operations,  three  tenths  of  this  amount  by  Chinese.  Only  when  this 
has  been  done  may  foreigners  be  invited  to  buy  shares  or  foreign 
money  be  borrowed.  If  there  is  no  proporticwi  of  the  capital  fur- 
nished by  Chinese  and  if  there  is  only  stock  bought  by  foreigners  or 
foreign  capital  lent,  no  sanction  will  be  given. 

10.  As  regards  foreign  loans,  it  shall  be  absolutely  necessary  to  send 
a  preliminary,  request  to  the  General  Administration,  wjiich  will  after 
examination  issue  a  certificate  stating  its  approval.  Only  then  the 
merchant  shall  have  the  right  to  make  an  agreement  for  the  loan.  It 
shall  also  be  stated  that  the  loan  is  made  by  a  merchant  and  to  be 
repaid  by  merchants,  and  that  the  Chinese  Government  in  no  wise 
accepts  responsibility.  If  the  sanction  of  the  General  Administra- 
tion has  not  been  obtained  and  a  private  agreement  for  a  loan  pri- 
vately made  with  foreign  merchants,  the  General  Administration  shall 
hold  it  to  be  void,  even  though  the  agreement  has  already  been  signed. 

11.  When  a  draft  contract  for  a  foreign  loan  has  been  drawn  up  by 
a  company,  it  must  first  be  sent  to  the  General  Administration  for  its 
approval.  If  it  does  not  conform  to  the  regulations  drawn  up  by  the 
General  Administration  and  approved  by  the  Throne,  said  contiuct 
shall  be  held  void,  and  a  new  draft  shall  be  ordered  prepared.  If  the 
parties  cannot  reach  after  further  discussion  a  definite  understanding, 
negotiations  may  be  entered  into  with  merchants  of  another  nationality. 
If  foreign  merchants  enter  into  private  arrangements  for  loans  and 
thereby  suffer  loss,  they  shall  not  address  themselves  either  to  the 
Tsung-li  Yamen  or  to  the  General  Administration  to  make  complaints 
and  seek  Ihe  recovery  of  their  money. 

12.  When  a  duly  organized  Chinese  company  is  authorized  to  make 
foreign  loans,  it  shall  be  necessary,  in  accordance  with  the  established 
rule,  that  the  General  Administration  give  oiBcial  notice  thereof  to  the 
Tsung-li  YamSh,  which  shall  address  a  despatch  to  the  Minister  at 
Peking  of  the  nation  concerned,  and  only  after  the  latter's  official 
reply  wijl  the  decision  be  held  to  be  final. 

When  foreign  merchants  are  desirous  of  lending  money  to  such  a 
company,  it  will  also  be  necessar}'^  to  inform  the  Minister  of  their 
nationality  residing  at  Peking,  so  that  the  latter  may  address  the 
Tsung-li  Yamen,  which  will  by  letter  ask  the  General  Administration 
if  it  has  authorized  said  company  to  contract  a  foreign  loan.  Only 
when  the  reply  to  the  above  despatch  has  been  received  shall  the 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      343 

operation  be  considered  valid.     Money  lent  in  any  other  wa}^  will  be 
held  to  be  a  private  loan  (unauthorized). 

13.  In  oixier  to  protect  the  sovereign  rights  of  China,  the  adminis- 
trative control  of  all  mines  and  railwa3's,  irrespective  of  the  foreign 
shares  or  the  amount  of  foreign  capital  involved,  must  remain  in  the 
hands  of  the  Chinese  merchants.  Nevertheless  all  the  accounts  of 
the  companies  must  be  open  to  the  inspection  of  foreign  merchant 
stockholders,  as  a  proof  of  fair  dealing. 

14.  When  a  person  is  promoting  a  mining  or  railway  undertaking 
and  shall  state  that  he  has  got  together  a  certain  mone}^  (capital  and 
stock,  said  money  capital  must  first  be  proved  to  exist  so  as  to  pre- 
vent fraud. 

15.  In  the  localities  in  the  various  provinces  in  which  there  are 
mines  or  railways,  cases  will  unquestionably  arise  when  the  interven- 
tion of  the  local  authorities  will  be  asked  for.  In  case  of  opposition 
or  obstacles  by  property  owners  or  gatherings  of  laborers,  as  soon  as 
the  company  shall  notify  the  competent  local  authorities,  they  shall 
make  suitable  proclamations  and  shall  maintain  order,  without  any 
attempt  at  evasion.  They  shall  also  prohibit  exactions  on  the  part  of 
agents  of  the  YamSns.  If  they  do  not  give  eflBcacious  protection,  the 
company  may  address  a  complaint  to  the  General  Administration  so 
that  it  may,  after  duly  establishing  the  facts,  make  a  denunciation  to 
the  Throne. 

16.  All  disputes  on  questions  of  interest  between  companies  or  all 
matters  detrimental  to  the  interests  of  a  company,  shall  be  equitably 
tried  by  the  local  authorities  nearest  the  locality,  so  as  to  prevent 
injury  being  done  to  any  one  of  the  parties.  If  the  decision  reached  is 
not  just,  appeal  may  be  made  to  the  General  Adniinistration  to  exam- 
ine carefully  the  case  and  settle  it,  according  the  protection  to  which 
the  parties  are  entitled. 

In  case  of  disputes  between  Chinese  and  foreign  merchants,  the  two 
parties  shall  appeal  to  arbitrators,  who  shall  discuss  and  settle  the 
matter.  If  the  arbitrator's  decision  is  not  accepted,  other  persons  not 
interested  in  the  matter  may  be  appealed  to,  so  that  the}^  settle  the 
matter  justly.  The  Governments  of  the  two  countries  will  not 
interfere. 

17.  When  foreigners  employed  in  mines  or  railways  shall  proceed 
to  different  places  to  study  and  survey  them,  the  local  authorities 
shall  be  directed  to  eflBicaciously  protect  them,  and  they  must  not 
evade  this  duty.  If  some  accident  should  happen,  the  local  authori- 
ties shall  alone  be  responsible. 

18.  If  Chinese  concessionaries  of  mines  or  railways  have  furnished 
out  of  their  own  means  a  capital  of  500,000  taels  and  upwards,  and  if 
it  is  established  that  said  amount  has  been  applied  to  the  works,  or  if 
they  have  taken  an  active  part  in  promoting  the  enterprise,  and  the 


344     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Chinese-held  stock  is  in  reality  one  half,  rewards  shall  be  asked  for 
them,  in  accordance  with  the  rule  concerning  persons  encouraging 
others  to  contribute  money  in  times  of  public  calamities.  This  in 
way  of  encouragement. 

19.  Either  in  case  of  a  personal  or  joint-stock  enterprise,  it  will 
alwa.ys  be  allowable  to  make  it  a  monopoly.  As  to  the  number  of 
years  for  which  it  shall  run,  that  shall  be  settled  at  the  proper  time 
according  to  the  importance  of  the  enterprise  and  the  sources  of 
profit. 

20.  In  all  localities  traversed  by  a  railway,  customs  stations  shall  be 
established  for  the  levying  of  duties,  and  dues  on  mining  products  at 
the  place  of  production  and  at  the  ports.  The  General  Administration 
shall,  in  conjunction  with  the  Board  of  Revenue,  draw  up  special 
regulations  to  be  applied  after  submission  to  the  Throne.  As  to  the 
share  of  profits  to  be  paid  into  the  Public  Treasury,  it  shall  be  yV  for 
railways  and  2i%  for  mines,  said  shares  to  he  kept  apart  and  paid  into 
the  Board  (of  Revenue). 

21.  The  General  Administration  shall  have  the  right  at  any  time 
to  call  for  all  statements,  reports,  accounts,  etc.,  of  the  various  com- 
panies to  examine  them,  or  to  send  persons  to  examine  them  on  the 
ground. 

22.  All  detailed  regulations  at  present  in  force  in  all  places  for 
mines  or  railwa^^s  shall  be  sent  collectively  to  the  General  Adminis- 
tration to  be  examined  and  approved.  Forms  shall  be  drawn  up  by 
the  General  Administration  and  sent  to  each  of  the  Provinces,  and  on 
them  shall  be  entered  at  the  end  of  each  j^ear  detailed  reports  on  the 
management  of  all  the  mining  and  railway  companies,  which  shall  be 
sent  to  the  General  Administration  for  examination. 

Presented  to  the  Throne  and  approved  the  6th  day,  1.0th  moon,  24th 
year  Kuang-hsii  (19  November  1898.) 


No.  49. 

GBEAT  BRITAIN  AND  UNITED  STATES. 

MEMORANDUM    OF   AGREEMENT    BETWEEN    BRITISH    AND   CHINESE 
CORPORATION  AND  AMERICAN  CHINA  DEVELOPMENT  COMPANY.* 

Signed  February  1,  1899. 

Memorandum  of  Agreement  made  the day  of  ,  189 — , 

between  the  British  and  Chinese  Corporation  (Limited)  (hereinafter 
called  the  Corporation),  a  Corporation  formed  under  the  laws  of  Great 
Britain  and  Ireland,  of  the  first  part,  and  the  American  China  Devel- 
opment Company  (hereinafter  called  the  Development  Company),  a 
Corporation  formed  under  the  laws  of  the  State  of  New  Jersey,  United 
States  of  America,  of  the  second  part. 

Whereas  the  Corporation  is  organized  to  obtain  Contracts,  Decrees, 
and  Concessions,  and  to  construct  and  maintain  railways  and  other 
public  works  and  undertakings  in  the  Empire  of  China; 

And  whereas  the  Development  Company  has  the  same  general 
objects,  and  both  the  Coi*poration  and  the  Development  Company  are 
organized  in  kindred  communities  which  have  the  same  general 
theories  of  law,  trade,  commerce,  and  justice,  and  each  intend  to 
furnish  the  necessary  capital  to  exploit  the  enterprises  they  may 
respectively  undertake,  and  to  provide  for  the  management  of  the 
same; 

And  whereas  having  regard  to  the  difficulties  in  the  way  of  procur- 
ing such  capital  by  reason  of  the  fear  that  Contracts  entered  into  by 
the  Corporation  and  the  Development  Company  in  China  may  not 
enjoy  the  same  inviolability  that  they  receive  in  Great  Britain  and 
Ireland,  and  in  the  United  States  of  America,  it  is  desirable  to 
endeavour  to  procure  all  protection  possible  for  the  upholding  of  such 
Contracts; 

And  whereas  it  is  believed  by  the  Corporation  and  Development 
Company  that  the  Governments  of  their  respective  countries,  by 
uniting  in  the  assurance  of  protection  of  the  rights  of  their  respective 
subjects  and  citizens  on  which  they  have  hitherto  respectively  relied 
in  embarking  capital  in  foreign  countries  will  afford  an  effectual  force 
for  the  protection  of  such  enterprises; 

fl  British  Parliamentary  Blue  Book,  China,  No.  1  {1899)  y  p.  825.  This  agreement 
is  no  longer  in  force,  having  determinetl  under  the  provisions  of  article  7. 

345 


846     TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

And  whereas  it  is  believed  that  such  united  action  by  their  respec- 
tive Governments  will  be  promoted  if  arrangements  are  made  for  the 
co-operation  and  joint  action  of  their  respective  subjects  and  citizens 
engaged  in  business  in  China,  and  in  particular  by  the  joint  action  of 
the  Corporation  and  the  Development  Company: 

Now  this  Memorandum  witnesseth  for  the  consideration  of  the 
mutual  covenants  herein  contained  each  party  hereto  agrees  with  the 
other  as  follows: — 

1.  Each  party  hereto  shall  offer  to  the  other  a  participation  of  one- 
half  of  its  own  interest  in  any  business  hereafter  obtained  by  it  in  the 
Empire  of  China  a  reasonable  time  after  the  same  shall  have  been 
obtained,  and  the  party  to  whom  such  participation  shall  have  been 
offered  shall  have  the  option  to  accept  or  reject  the  same  within  a 
reasonable  time,  and  shall  be  under  no  obligation  to  accept  such  par- 
ticipation. Any  such  offer,  if  not  accepted  within  a  reasonable  time, 
shall  be  deemed  to  be  rejected. 

2.  In  addition  to  the  business  to  be  hereafter  acquired  by  the  respec- 
tive parties,  this  Agreement  shall  apply  to  the  preliminary  Contract 
which  the  Development  Company  has  already  entered  into  for  the 
construction  of  a  milway  from  Hankow  to  Canton,  and  to  the  prelimi- 
nary Contract  with  Messrs.  Jardine,  Matheson,  and  Co.,  on  behalf  of 
the  Corporation,  have  entered  into  for  the  construction  of  a  railway 
from  Canton  to  Kowloon,  but  this  Agreement  shall  not  extend  to  any 
of  the  following  Contracts  or  Concessions  which  the  Corporation  has 
already  entered  into,  or  to  any  extensions  or  modificatiens  thereof, 
viz. : — 

(a,)  Preliminary  Agreement  for  financing  and  working  of  a  railway 
from  Shanghae  to  Nanking,  and  for  the  working  in  conjunction  there- 
with of  the  existing  railway  from  Shanghae  to  Woosung. 

(h,)  Preliminary  Agreement  for  financing  the  construction  and 
working  (as  extensions  of  the  above  lines)  of  railways  from  Soochow 
to  Hangchow  and  Ningpo. 

(c.)  Agreement  for  financing  the  extension  of  the  Northern  Railway 
of  China  to  Newchang. 

{(I,)  Agreement  (co-existent  with  the  last  Agreement)  for  mining. 
This  Agreement  shall  not  extend  to  any  Contract  or  Concession  in 
which  either  party  is  now  interested,  and  which,  by  the  terms 
thereof,  or  by  any  other  Agreement  already  entered  into  by  them, 
they  are  prohibited  from  offering  any  share  or  participation  therein 
to  the  other  party. 

3.  With  such  offer  as  aforesaid,  full  detailed  particulars  of  all  pre- 
liminary expenses  which  have  been  incurr§d  by  the  party  offering  the 
same  in  and  about  the  obtaining  of  the  business  to  which  such  offer 
relates  shall  be  furnished  to  the  party  to  whom  the  participation  shall 
be  offered,  and  one-half  of  such  expenses  shall  be  paid  by  the  other 
party  if  they  shall  accept  such  participation. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBBA.      347 

4.  For  the  purpose  of  convenience  and  mutual  information,  it  is 
understood  and  agreed  that  the  representative  of  the  Corporation,  shall 
receive  notice  of  and  be  entitled  to  be  present  at  the  meetings  of  the 
Managing  Body  of  the  Development  Company  in  New  York  when  any 
businesH  in  which  the  Corporation  have  accepted  a  participation  is 
discussed,  and  that  the  representatives  of  the  Development  Company 
shall  also  receive  notice  of  and  be  entitled  to  be  present  at  the  Board 
meetings  of  the  Corporation  in  London  when  any  business  in  which 
the  Development  Company  have  accepted  a  participation  is  discussed. 
Each  party  shall,  as  soon  as  practicable,  appoint  a  representative  for 
the  purposes  aforesaid,  and  shall  give  notice  of  such  appointment  to 
the  other  party. 

5.  Each  party  hereto  shall  use  their  best  endeavours  to  obtain  the 
support  of  the  Government  of  their  respective  countries  to  the  common 
undertaking  of  the  parties  expressed  in  these  presents,  and  to  render 
all  such  mutual  assistance  to  each  other  in  the  furtherance  of  their 
common  enterprise  in  the  Empire  of  China  as  circumstances  may 
require,  it  being  the  intention  of  these  presents  that,  so  far  as  is  prac- 
ticable and  possible,  the  parties  hereto  shall  act  in  alliance  and  together 
in  all  undertakings  obtained  or  prosecuted  by  either  or  both  in  the 
Empire  of  China,  whether  both  parties  shall  participate  in  the  business 
or  not. 

6.  Each  party  shall  only  be  responsible  for  themselves  and  not  for 
the  other,  and  nothing  herein  contained  shall  be  deemed  to  constitute 
a  partnership  between  the  parties. 

7.  This  Agreement  shall  continue  in  force  until  determined  by  either 
party  giving  to  the  other  at  their  chief  office  six  months'  notice  in 
writing  of  their  intention  to  determine  same,  and  at  the  expiration  of 
that  time  this  Agreement  shall  cease  and  determine,  except  so  far  as 
may  relate  to  business  in  which  a  participation  has  been  accepted  as 
aforesaid. 

8.  The  address  of  the  Corporation  for  service  of  notices  and  offers 
is  No.  3,  Lombard  Street,  London,  and  the  address  of  the  Development 
Company  for  the  same  purpose  is  No.  80,  Broadway,  New  York, 
United  States  of  America. 

In  witness  whereof  the  Corporation  and  the  Development  Company 
have  hereunto  caused  their  conunon  seals  to  be  affixed,  the  day  and 
year  first  above  written. 


No.  50. 

CHINA, 

REGULATIONS  FOR  THE  WORKING  OF  MINES  IN  SZECHUAN,  UNDER 
CHINESE  AND  FOREIGN  DIRECTION,  BY  THE  HUA  YI  COMPANY, 
ESTABLISHED  FOR  THE  PURPOSE  BY  THE  SZECHUAN  MINING 
BUREAU  AND  THE  HUI  TUNG  COMPANY  ACTING  IN  CO-OPERATION. « 

• 
April  14,  1899. 

1.  The  Szechuan  Mining  Bureau  establishes  the  Hua  Yi  Company, 
by  whom  an  Agreement  is  drawn  up  with  the  Hui  Tung  Company 
that  the  work  is  to  be  done  by  Chinese  and  foreigners  conjointly  to 
their  mutual  benefit.  Profits  are  to  be  divided  proportionately,  so  as 
to  avoid  trouble  and  disputes. 

Both  Companies  shall  obey  all  the  Regulations  mentioned  in  the 
Agreement  and  the  existing  Rules  memorialized  and  adopted  by  the 
hejtd  oflice. 

2.  The  Ilua  Yi  Company  is  to  subscribe  a  sura  of  1,000,000  taels  for 
the  purchase  of  land.     This  must  be  Chinese  and  not  foreign  money. 

This  Company  is  to  buy  and  own  all  mining  lands  and  carry  out  all 
negotiations.  The  Hui  Tung  Company  have  no  interest  in  the  prices 
of  land,  whether  dear  or  cheap,  nor  with  the  amount  of  capital  spent 
or  reserved.  When  the  Hua  Yi  Company  has  bought  the  land  and 
obtained  the  right  to  open  mines,  the  same  is  to  be  handed  over  to  the 
Hui  Tung  Company  for  working.  In  the  Hui  Tung  Company  there 
are  foreign  merchants;  they  are  not  to  be  allowed  to  buy  mining 
property  from  any  other  Chinese,  so  as  to  avoid  all  complications. 

3.  The  Hui  Tung  Company,  with  a  Chinese  Managing  Director  and 
a  foreign  Assistant  Director,  is  to  prepare  a  working  capital  of 
10,000,000  taels,  to  be  formed  first  of  50  per  cent.  Chinese  shares  and 
next  50  per  cent,  of  foreign  shares. 

Shareholders  of  all  nationalities  are  allowed  to  take  shares  out  of 
the  50  per  cent,  allotted  to  foreigners.  There  can  be  no  monopoly  for 
any  one  country.  Now  Mr.  Morgan,  an  English  merchant,  has  taken 
shares,  and  undertakes  to  assist  in  carrying  out  the  work.  Share- 
holders of  all  other  nationalities  who  should  hereafter  take  shares  will 
be  supplied  with  share  certificates,  paid  dividends,  and  refunded  capi- 
tal according  to  the  number  of  shares  they  take.     Should  any  other 

«  British  Parliamentary  Blue  Book,  China.     No.  1  (1900) y  p.  135. 
:>48 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      349 

country  also  start  a  Company  on  the  same  lines,  with  both  Chinese 
and  foreign  shareholders,  the  mines  of  the  one  (/ompany  will  have  to 
be  kept  distinct  from  those  of  the  other.  Different  Prefectures  and 
districts  will  be  granted  to  each  Company  to  work  in,  and  their  pro- 
ceedings should  be  regularly  reported  to  the  head  office,  but  the  Rules 
and  Regulations  of  this  Agreement  must,  however,  be  complied  with 
by  all  to  prevent  any  unfairness.  Any  Company  composed  of  foreign 
shareholders  only  and  no  Chinese  shareholders  shall  not  be  allowed  to 
work  any  mines. 

4.  The  Hui  Tung  Company  is  to  send  out  mining  engineers  to  find 
out  what  mines  are  worth  opening.  This  Company  is  then  to  consult 
with  the  Hua  Yi  Company  to  make  maps  and  insert  explanations,  and 
submit  the  same  to  the  Mining  Bureau  of  Szechuan.  If  these  mines 
are  not  already  being  worked  by  officials,  gentry,  or  merchants,  and 
if  they  are  not  injurious  to  the  place,  land  is  to  be  at  once  bought; 
such  land  is  only  to  be  enough  for  the  shafts  and  the  necessary  build- 
ings. If  the  lands  belong  to  the  people,  the  lease  or  purchase  shall  be 
made  by  the  Hua  Yi  Company  by  arrangement  with  the  owners  for  a 
reasonable  price.  It  can  also  be  taken  as  a  subscription  of  capital, 
and  a  proportionate  value  of  shares  granted  to  the  owner.  If  it  be 
public  property,  such  as  a  monastery,  temple,  &c.,  the  owners  have 
the  option  of  leasing  it,  renting  it,  or  subscribing  it  as  capital.  The 
Hui  Tung  Company  must  wait  till  land  is  properlj'  purchased  before 
starting  work,  and  no  compulsory  purchase  or  seizure  of  the  land  will 
be  allowed. 

5.  After  each  mining  property  is  bought  by  the  Hua  Yi  Company, 
it  is  to  be  handed  over  to  the  Hui  Tung  Company  for  working.  From 
the  mines  worked  by  the  Hui  Tung  Company,  such  as  coal,  iron, 
petroleum,  &c.,  the  Hua  Yi  Company  is  allowed  to  collect  rent  at  the 
rate  of  5  per  cent,  on  the  value  of  the  output,  no  matter  whether  such 
mines  make  money  or  not.  To  reckon  the  producing  capacity  and  the 
prices  of  products,  whether  dear  or  cheap,  the  rent  is  to  be  paid  on 
the  real  price  at  which  the  Hui  Tung  Company  sells  the  products. 
The  value  must  not  be  under  estimated,  and  any  undue  advantage 
gained.  With  regard  to  gold  sand  obtained  from  gold  mines,  a  rent 
of  5  per  cent,  will  be  charged  on  the  pure  gold  obtained  after  the  gold 
sand  has  been  thoroughly  washed,  but  not  on  the  sand  before  it  has 
been  washed.  • 

6.  Of  the  mines  worked  by  the  Hui  Tung  Company,  such  as  coal, 
iron,  petroleum,  &c.,  there  shall  be  paid  to  the  Chinese  Government, 
as  producer's  tax,  5  per  cent,  on  the  value  of  the  output  of  the  mines. 
Export  duty  shall  be  paid  according  to  the  existing  Rules  now  in 
force.  The  Szechuan  Mining  Bureau  shall  authorize  the  Hua  Yi 
Company  to  collect  the  producer's  tax  and  to  compare  the  same  witll 
the  rent,  and  thus  there  will  be  no  difference  or  shortage.     No  officer 


350      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

shall  bo  deputed  for  this  purpose,  so  as  to  save  unnecessary  expense. 
The  export  duty  is  to  be  collected  by  the  custom-house,  and  after  the 
export  duty  is  paid,  no  inland  U-khi  dues  will  be  required.  As  regards 
the  taxes  to  be  charged  on  precious  metals  of  all  kinds,  they  are  to  be 
decided  by  the  Board  of  Revenue. 

7.  The  Hui  Tung  Company  is  to  send  engineers  to  find  out  all  the 
mines  that  are  to  be  opened  and  to  consult  with  the  Hua  Yi  Company, 
which  submits  the  same  for  the  approval  of  the  Mining  Bureau. 
Should  a  mine  be  found  in  a  Government  hill,  the  opening  of  which 
will  not  be  injurious  to  the  place,  permission  will  be  granted  to  open 
it.  The  ordinary  land  tax  on  such  land  would,  however,  be  too  small 
a  sum  for  the  Company  to  pay  the  Government  for  its  use.  In  the 
case  of  Government  land,  therefore,  the  5  per  cent,  rent  and  the  5  per 
cent,  producer's  tax  are  to  be  collected  at  the  same  time,  and  both  paid 
to  the  Chinese  Government;  but  10  per  cent,  of  the  rent  is  to  be 
reserved  to  pay  the  expenses  of  the  Mining  Bureau  and  the  Hua  Yi 
Compan^^     The  Hui  Tung  Compan}"  is  to  pay  the  export  duty. 

8.  The  area  of  Szechuan  is  very  extensive,  and  all  sorts  of  mines 
exist.  Chinese  who  work  on  their  own  property  are  only  required  to 
obtain  the  necessary  permission,  pay  the  necessary  taxes,  according  to 
the  Rules  in  force,  and  they  are  in  no  way  restrained.  But  if  foreign 
merchants  undertake  to  work  the  mines,  their  operations  must  be 
limited  in  some  way  or  other.  They  must  confine  themselves  to  certain 
intendancies,  prefectures,  or  districts,  and  not  take  the  whole  province 
as  their  sphere  of  work.  Now  work  must  be  started  in  the  interior 
first,  and  at  the  boundaries  afterwards.  The  Hui  Tung  Company  shall 
then  send  engineers  to  find  out  first  where  are  mines  to  be  opened  and 
what  mines  they  are:  if  the  same  be  in  districts  apportioned  to  savages, 
the  Hui  Tung  Company  must  wait  till  they  find  out  whether  the 
advantage  will  be  greater  than  the  injury,  and  devise  other  means  to 
open  them.  The  Hui  Tung  Company  in  such  event  cannot  compel  the 
Hua  Yi  Company  to  buy  the  land  quickly  and  hand  it  over  for  work- 
ing.    Any  possible  cause  of  disturbance  must  be  avoided. 

9.  When  prospecting  for  mines,  if  any  boring  or  sinking  of  shafts 
be  necessary  to  examine  mineral  deposits,  an  arrangement  should  first 
be  made  b}"  the  Hua  Yi  Company  with  the  land-owner  for  the  Hui 
Tung  Company  to  compensate  him  according  to  market  prices  for  any 
crops,  &c.,  injured.  After  the  mines  are  opened,  should  there  be  an}^ 
damage  to  life  or  buildings  caused  by  land-slips  or  subsidence  in  the 
mines,  the  Hui  Tung  Company  shall  make  charitable  compensation. 
If  after  mines  are  opened  cemeteries  or  mortuary  shrines  are  met  with, 
some  plan  must  be  devised  to  avoid  them  if  the  owners  do  not  like  to 
remove  them  for  money  given;  no  excavation  will  be  allowed.  In 
excavating,  as  long  as  the  galleries  dug  below  the  ground  are  not 
injurious  to  the  soil  above,  rascals  are  not  to  be  allowed  to  obstruct 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.   351 

the  work  on  the  grounds  that  it  is  injurious  to  "Feng  Shui."  Local 
authorities  must  be  applied  to  for  protection.  The  Hui  Tung  Company 
is  not,  however,  allowed  to  claim  compensation  on  these  grounds  in 
case  it  cannot  succeed. 

10.  Whenever  it  may  be  necessary  to  make  roads,  build  bridges, 
open  or  deepen  rivers,  erect  sheds,  make  tools,  or  other  necessaries  for 
mining  purposes,  and  land  is  required  for  such  purposes,  the  Hua  Yi 
Company  is  to  buy  the  land  and  the  Hui  Tung  Company  to  pay  for  it. 
If  water  power  is  required  for  machinery,  and  enormous  work  is  done 
on  it,  no  other  person  is  allowed  to  make  use  of  it.  If  branch  railways 
have  to  be  constructed  in  order  to  connect  the  mines  with  the  usual 
trade  routes,  a  thorough  survey  must  be  made  of  the  proposed  lines 
and  maps  drawn  with  explanations  attached.  These  must  be  submitted 
to  the  Mining  Bureau,  which  will  foi*ward  them  to  the  Szechuan  Vice- 
roy and  head  office  at  Peking  for  record  and  sanction.  Nothing  of  the 
kind  should  be  undertaken  without  such  sanction.  If  telegraphs  and 
telephones  are  wanted  for  connecting  the  various  mines,  the  same  are 
to  be  submitted  to  the  Mining  Bureau  for  approval. 

11.  The  Hua  Yi  Company  is  to  deal  with  all  matters  of  negotiation, 
and  the  collection  of  rent  and  taxes;  the  Hui  Tung  Company  to  super- 
intend and  work  all  mines.  Each  has  its  own  sphere  of  work,  but  each 
Company  may  inquire  into  the  others  affairs.  A  Chinese  Manager  and 
a  foreign  Manager  should  be  appointed  for  each  mining  work,  whose 
salaries  shall  be  paid  by  the  Hui  Tung  Company.  The  majority  of  the 
overseers  should  be  Chinese,  and  all  the  miners  natives  of  the  province. 
All  are  to  receive  adequate  wages,  and  further  Rules  must  be  made  on 
this  subject  by  the  Hua  Yi  and  Hui  Tung  Companies.  Later  on,  tTie 
Mining  Bureau  should  instruct  the  Company  to  select  for  important 
positions  any  Chinese  who  may  have  become  proficient  in  mining  engi- 
neering. They  are  to  be  treated  the  same  as  foreigners,  to  encourage 
improvement. 

12.  On  opening  the  mines,  the  Hui  Tung  Company  shall  establish  a 
School  of  Mining  and  Railway  Engineering  in  some  locality  convenient 
to  the  mines,  and  there  shall  be  selected  twenty  or  thirty  promising 
youths  by  the  local  officials  and  gentry  to  study  in  this  school,  under 
foreign  instructors,  and  be  thus  prepared  for  future  employment  on 
railwaj^s  and  in  mines. 

13.  At  places  where  mines  are  opened,  the  Mining  Bureau  should 
apply  to  the  local  authorities  for  protection.  Such  mines  should  also 
obey  their  rules,  and  enrol  volunteers  to  guard  against  thieves,  &c.  If 
the  natives  should  enrol  themselves  as  volunteers  of  their  own  accord 
to  protect  the  localities,  the  Hui  Tung  Company  should  also  subscribe 
towards  their  expenses. 

14.  The  Mining  Bureau,  acting  as  intermediary  between  the  supe- 
riors and  subordinates,  is  to  attend  to  all  negotiations  between  natives 


352   TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

and  foreigners  and  matters  of  protection.  The  work  involved,  as  well 
as  the  expenses,  will  be  great.  The  Hui  Tung  Compan}^  should  there- 
fore start  work  within  three  months  after  the  signing  of  this  Agree- 
ment, and  pay  the  Mining  Bureau  the  sum  of  100  taels  per  month  for 
its  working  expenses  for  each  mine,  reckoning  from  the  day  when 
work  is  started.  There  will  be  no  other  charges  besides  this.  If 
work  be  not  started  after  six  months  this  Agreement  is  considered  can- 
celled, and  the  Hua  Yi  Company  will  be  at  liberty  to  invite  other  mer- 
chants to  take  up  the  work.  It  will  be  no  concern  of  the  Hui  Tung 
Company. 

15.  The  Hui  Tung  Company  shall  work  all  the  mines  according  to 
the  existing  Rules  adopted  by  the  head  office.  After  paying  the  pro- 
ducer's tax  and  the  export  duty,  if  there  should  be  a  profit  b}'  the 
annual  accounts,  there  shall  first  be  paid  6  per  cent,  interest  on  the 
capital  employed,  next  10  per  cent,  of  the  remainder  of  the  profit  shall 
be  set  aside  as  a  sinking  fund  for  the  yearly  repayment  of  capital  and 
consequent  reduction  of  interest,  payments  to  sinking  fund  ceasing 
when  the  invested  capital  is  wholly  repaid,  and  from  the  remaining 
net  profit  25  per  cent,  shall  be  paid  to  the  Chinese  Government,  and 
the  remainder  shall  go  to  the  Hui  Tung  Company  for  its  own  dispo- 
sition. 

16.  The  Hui  Tung  Compan}'-  is  to  open  not  one  mine,  but  a  large 
number.  The  accounts  and  profits  of  each  mine  must  be  kept  distinct 
from  the  others;  the  gains  of  one  mine  should  not  be  made  to  offset 
the  losses  of  another,  and  so  cause  the  Government  income  to  suffer 
reduction. 

fL7.  At  the  end  of  every  year,  the  Hui  Tung  Company-  shall  make 
up  distinct  accounts  of  the  different  mines,  whether  profitable  or  not, 
and  the  same  must  be  audited  by  the  foreign  and  Chinese  Managers, 
and  when  found  correct,  a  printed  account  of  profit  and  loss  shall  be 
rendered  by  each  mine  to  the  Mining  Bureau  for  approval.  A  gen- 
eral account  of  profit  and  loss  for  all  the  mines  shall  then  be  prepared 
and  submitted  to  the  head  office  at  Peking,  the  Board  of  Revenue,  and 
the  Viceroy  of  Szechuan  for  audit.  Payments  due  to  the  Government 
shall  be  remitted  at  the  same  time.  The  report  shall  show  the  real 
amount  of  money  due  to  the  Government  in  order  to  avoid  all  discrep- 
ancies in  the  accounts.  The  Chinese  Government  and  the  Hua  Yi 
Company  are  not  to  be  held  resix)nsible  in  case  of  loss. 

18.  The  Hui  Tung  Company  is  to  have  control  of  all  the  mines 
opened  by  them  for  a  period  of  fifty  years,  reckoning  from  the  date 
on  which  each  mine  is  opened,  on  expiration  of  which  temi  all  the 
mines,  whether  profitable  or  not,  shall,  with  all  plant,  machinery, 
materials,  buildings,  roads,  and  all  property  acquired  by  the  capital 
of  the  mines,  be  handed  over  gratis  to  the  Chinese  Government  with- 
out asking  for  compensation,  and  in  due  time  the  Mining  Bureau  of 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      353 

Szecbuan  shall  report  to  the  head  oflSce  at  Peking,  and  the  Viceroy  of 
Szechuan  shall  send  Deputies  to  take  delivery  of  the  same.  The  land 
rented  by  the  Hua  Yi  Company  shall  be  handed  back  to  the  original 
owners. 

19.  The  Hui  Tung  Company  being  formed  of  Chinese  and  foreign 
shares  shall,  at  its  own  choice,  sell  and  buy  its  shares  according  to  the 
fluctuation  of  the  market  rates.  If  the  Hua  Yi  Company,  or  any 
Chinese  gentry  or  merchants,  shall,  within  the  said  term  of  fifty  years, 
acquire  three-fourths  of  all  the  shares  in  the  Hui  Tung  Company,  the 
mines  may  then  be  taken  over  from  the  Hui  Tung  Company,  and  the 
Mining  Bureau  shall  report  upon  the  same  and  direct  the  said  share- 
holders (merchants)  to  take  charge  of  the  mines. 

20.  Should  any  mines  opened  on  land  bought  by  the  Hua  Yi  Com- 
pany and  handed  over  to  the  Hui  Tung  Company,  be  stopped  on 
account  of  no  profits  being  made,  and  the  rent  cease  to  be  paid,  then 
the  Hua  Yi  Company  has  the  option  of  adopting  other  means  to  open 
such  mines,  or  use  the  land  for  any  other  business.  This,  of  course, 
is  to  prevent  the  money  spent  on  the  land  from  being  wasted,  and, 
consequently,  has  nothing  to  do  with  the  Hui  Tung  Company. 

21.  If  the  Hui  Tung  Company  sends  out  engineers  who  discover 
certain  mines  in  certain  places,  and  report  the  same  to  be  rich,  but 
cannot  guarantee  the  same,  and  it  is  exceedingly  difficult  to  purchase 
the  necessary  land  for  working  such  mines,  the  Hui  Tung  Company 
should  in  such  cases  pay  the  purchase-money  for  the  land  to  the  Hua 
Yi  Company,  who  shall  have  the  said  land  purchased  and  handed  over 
for  working.  This  will  prevent  the  purchase-money  being  wasted. 
If  a  mine  is  discovered  in  the  land  purchased,  the  price  paid  for  the 
land  will  be  repaid  to  the  Hui  Tung  Company  by  deducting  the  rent 
of  5  per  cent,  until  the  whole  purchase-money  is  paid  oflf,  when  the 
Hua  Yi  Company  shall  again  collect  the  rent  of  5  per  cent,  as  usual. 
Should  there  be  no  mine  in  the  land  purchased,  no  rent  shall  be  pay- 
able to  the  Hua  Yi  Company,  and  the  Hui  Tung  Company,  being 
unable  to  recover  the  purchase-money,  shall  not  deduct  the  same,  with 
interest,  from  any  other  mine.  This  is  agreed  to  by  both  parties,  and 
a  further  guarantee  will  be  given  at  the  time. 

22.  All  machinery,  materials,  and  supplies  needed  for  the  mines 
opened  by  the  Hui  Tung  Company  shall,  on  importation,  be  subject 
to  the  Itules  in  force  for  the  Kaiping  and  other  Mining  Companies, 
and  pay  one  full  duty  and  one-half  duty  to  the  Maritime  Customs,  and 
shall  be  exempt  from  all  inland  li-Mn  duea» 

23.  These  mines  being  under  the  sovereignty  of  China,  should  China 
ever  be  at  war  with  another  country,  the  said  Company  shall  obey  the 
orders  of  the  Chinese  Government,  and  grant  no  aid  to  the  enemy. 

27938—04 23 


354     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

24.  The  Hua  Yi  Company  and  the  Hui  Tung  Company  shall  obey 
all  Rules  and  Regulations  adopted  and  memorialized  by  the  head  office, 
even  if  the  same  be  not  stipulated  in  this  Agreement. 

25.  This  Agreement,  with  Regulations  agreed  upon,  shall  be  made 
out  both  in  Chinese  and  English,  in  eight  copies,  to  be  signed  by 
Director  Li  Tai  Ching,  of  the  Hua  Yi  Company,  and  Foreign  Assist- 
ant Director  Morgan  and  Chinese  Assistant  Director  Liu  Hsio  Shun, 
of  the  Hui  Tung  Company,  and  to  be  sealed  by  the  seal  of  the  Mining 
Bureau  of  Szechuan.  One  copy  each  of  this  Agreement  is  to  be  sent 
to  the  Mining  and  Railway  Board  at  Peking,  the  Tsung-li  Yamfin,  the 
Board  of  Revenue,  the  Viceroy  of  Szechuan,  and  the  Treasurer  of 
Szechuan,  for  reference.  Of  the  remaining  three  copies,  the  Szechuan 
Mining  Bureau,  the  Hua  Yi  Company,  and  the  Hui  Tung  Company 
are  to  keep  one  each  as  proof.  If  there  be  any  mistakes  in  the  trans- 
lation, the  Chinese  text  shall  hold  good. 

Signed  this  14th  day  of  April,  1899. 


No.  51. 

GREAT  BRITAIN  AND  GERMANY, 

PRELIMINARY  AGREEMENT  RELATING  TO  THE  CONSTRUCTION  OF  A 
RAILWAY  BETWEEN  TIEN-TSIN  AND  CHIN-KIANG.« 

Ratified  May  24,  1899. 

This  Preliminary  Agreement  relating  to  the  construction  of  rail- 
ways between  Tien-tsin  and  Chinkiang  is  made  between  their  Excel- 
lencies Hsu  and  Chang,  duly  authorized  to  act  on  behalf  of  the  Imperial 
Government  of  China,  hereinafter  called  ''the  Imperial  Directors,"  of 
the  one  part;  and  (a)  the  Deutsch-Asiatische  Bank;  (5)  the  Hong  Kong 
and  Shanghae  Banking  Corporation  for  themselves  and  on  behalf 
of  Messrs.  Jardine,  Matheson,  and  Co.,  as  Joint  Agents  for  the 
British  and  Chinese  Corporation  (Limited),  hereinafter  called  "the 
Syndicate,"  of  the  other  part. 

1.  The  Imperial  Government  of  China  authorizes  the  Syndicate  to 
issue  an  Imperial  Government  5  per  cent,  gold  loan  for  an  amount  pf 
about  7,400,000/.,  this  amount  being  subject  to  modification  later  after 
the  completion  of  the  survey. 

2.  The  loan  is  designed  to  provide  the  capital  for  the  construction 
of  Government  railway  lines  from  a  point  at  or  near  Tien-tsin, 
through  Titchow  and  Tsinanf u  to  Thsien  near  the  southern  frontier  of 
Shangtung,  hereinafter  known  as  the  northern  part  of  the  Tien-tsin- 
Chinkiang  railway  lines,  and  from  Thsien  to  Kuachao  (Chinkiang)  on 
the  Yang-tsze  Kiang,  hereinafter  known  as  the  southern  part  of  the 
Tien-tsin-Chinkiang  railway  lines,  the  total  length  of  these  lines  being 
about  982  kilom.,  equal  to  about  1,800  Chinese  IL 

3.  The  capital  so  provided  will  include  the  funds  required  for  roll- 
ing stock  and  other  equipment  and  for  working  the  lines  together  with 
interest  on  the  loan  during  the  period  of  construction,  which  is  esti- 
mated to  occupy  about  five  years  from  the  date  of  the  loan,  but  which 
will  finally  be  fixed  after  survey. 

4.  The  rate  of  interest  for  the  loan  shall  be  5  per  cent,  per  annum 
on  the  nominal  principal  and  shall  be  paid  during  the  time  to  be  fixed 
for  the  construction  out  of  the  proceeds  of  the  loan,  and  afterwards 
out  of  the  revenue  of  the  lines  named,  iii  half-yearly  instalments, 
according  to  the  amounts  and  dates  of  a  Schedule  which  will  be 
attached  to  the  Final  Agreement. 

«  British  Parliamentary  Blue  Book,  China  No,  1  {1900),  p.  175. 

366 


356     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBE  A. 

5.  The  term  of  the  loan  shall  be  fifty  years.  Repayment  of  principal 
shall  commence  in  the  eleventh  year  from  the  date  of  the  loan,  and  shall 
be  made  by  a  yearly  sinking  fund  in  shares  to  be  determined  in  the 
Final  Agreement  to  the  Deutsch- Asiatische  Bank,  and  the  Hong  Kong 
and  Shanghae  Banking  Corporation  in  yearly  instalments  out  of  the 
revenue  of  the  lines  according  to  the  amounts  and  dates  of  the 
Schedule  to  be  attached  to  the  Final  Agreement. 

6.  In  the  event  of  the  Imperial  Government  of  China  wishing  to 
redeem,  after  the  lapse  of  thirty  years  from  the  date  of  the  loan,  the 
outstanding  amount  of  the  loan,  or  any  portion  of  it  not  yet  due,  from 
funds  hondfide  belonging  to  the  Chinese  Government  or  subscribed 
by  Chinese  merchants,  the  conditions  for  such  redemption  must  first 
be  arranged  with  the  Syndicate  when  the  time  ari-ives. 

7.  The  yearly  payments  due  for  amortization  and  the  half-yearly 
payments  due  for  interest,  except  as  otherwise  provided  in  clause  4, 
shall  be  made  in  accordance  with  the  amounts  and  dates  of  a  Schedule 
to  be  attached  to  the  Final  Agreement,  in  shares  to  be  determined  by 
the  Final  Agreement,  out  of  the  joint  net  revenues  of  the  railway  lines 
to  the  Deutsch- Asiatische  Bank  and  the  Hong  Kong  and  Shanghae 
Banking  Corporation  by  the  Boards  of  Commissioners  hereinafter 
mentioned,  who  shall  hand  to  those  banks,  at  their  branches  in 
Shanghae,  twenty -one  days  before  the  due  date  named  in  the  Schedule 
funds  in  Shanghae  Sycee,  sufficient  to  meet  such  payment  in  sterling 
in  Europe,  the  rate  of  exchange  for  which  shall  be  settled  with  those 
two  banks  on  the  same  day  on  a  fair  basis. 

In  reimbursement  of  expenses  connected  with  the  service  of  interest 
and  principal  of  the  loan,  the  two  banks  will  receive  a  commission  of 
one-quarter  per  cent,  on  the  annual  loan  service. 

8.  The  Imperial  Government  of  China  hereby  engages  that  the 
interest  and  principal  of  this  loan  shall  duly  be  paid  in  full,  and  should 
the  revenues  of  the  railways  not  be  sufficient  to  provide  for  the  due 
and  full  payment  of  interest  and  repayment  of  principal  of  this  loan, 
the  Imperial  Director  must  memorialize  the  Throne,  and  the  Imperial 
Government  of  China  will  thereupon  make  arrangements  to  insure 
that  the  amount  of  deficiency  shall  be  met  from  other  sources  and 
handed  over  to  the  banks  twenty-one  days  before  the  due  date  of  the 
funds  required  to  complete  full  payment  of  interest  and  repayment  of 
principal. 

This  clause  to  be  open  to  reconsideration  in  the  Final  Agreement. 

9.  This  entire  loan  shall  be  secured  by  a  first  mortgage  on  the  per- 
manent way  rolling  stock  and  entire  property  together  with  the  revenue 
of  the  lines  named  in  clause  2.  No  further  loan,  charge  or  mortgage, 
shall  be  charged  on  this  security,  except  with  the  written  consent  of 
the  two  banks,  until  the  present  loan  is  returned.  In  the  event  of 
default  in  payment  of  interest  or  repayment  of  principal  of  this  loan  on 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      357 

due  date  the  railway  lines  and  property  so  mortgaged  shall  be  handed 
over  to  the  Syndicate  to  be  dealt  with  in  such  a  manner  as  may  be 
legal  and  necessary  for  the  full  and  eflFective  protection  of  the  bond- 
holders. When  the  loan  is  completely  redeemed,  clause  29  of  this 
Agreement  shall  take  effect. 

10.  The  Sj'ndicate  will  be  authorized  to  issue  to  the  subscribers  to 
the  loan,  bonds  for  the  total  amount  of  the  loan  in  pounds  sterling  in 
such  form,  in  such  languages,  and  for  such  amounts  as  shall  appear 
advisable  to  the  Syndicate,  and  these  bonds  shall  be  sealed  in  China 
by  the  Imperial  Directors  and  in  Europe  by  the  Minister  for  China, 
in  Berlin  or  London  as  evidence  that  the  Imperial  Government  of 
China  is  bound  thereby  as  debtor  of  the  loan.  Provision  will  be  made 
in  the  Final  Agreement  for  the  case  of  bonds  lost,  stolen,  or  destroyed. 

11.  All  bonds  and  coupons  and  payments  made  and  received  in  con- 
nection with  the  service  of  this  loan  shall  be  exempt  from  all  Chinese 
taxes  and  imports  for  ever. 

12.  All  details  necessary  for  the  prospectus  and  connected  with  the 
service  of  the  interest  and  repayment  of  the  principal  of  this  loan,  not 
explicitly  provided  for  by  the  Final  Agreement,  shall  be  left  to  the 
arrangement  of  the  Syndicate  who  will  be  authorized  to  issue  a  pros- 
pectus of  the  loan  as  soon  as  possible  after  the  signing  of  the  Final 
Agreement. 

The  Imperial  Government  of  China  will  instruct  the  Chinese  Min- 
isters in  Berlin  and  London  to  co-operate  with  the  representatives  of 
the  Syndicate  in  any  matters  requiring  conjoint  action,  and  the  Chinese 
Minister  in  Berlin  will  sign  the  prospectus  of  the  loan  as  required  by 
the  Rules  of  the  Berlin  Stock  Exchange. 

13.  The  loan  shall  be  floated  in  one  or  more  series  at  the  discretion 
of  the  Syndicate,  due  regard  being  had  to  the  interest  of  China;  but 
the  floating  of  the  loan  shall  not  be  delayed  more  than  necessary,  sub- 
scriptions being  invited  by  the  Sj^ndicate  in  Europe  and  in  China  from 
both  European  and  Chinese  on  equal  conditions. 

14.  The  price  of  the  loan  shall  be  90  per  cent,  net  on  the  nominal 
principal  to  the  Chinese  Government.  The  proceeds  of  the  loan  shall 
be  paid  to  the  credit  of  a  Tien-tsin-Chinkiang  Imperial  Government 
railway  account  with  the  Deutsch-Asiatische  Bank,  Berlin,  and  to  the 
credit  of  a  Tien-tsin-Chinkiang  Imperial  Government  railway  account 
with  the  Hong  Kong  and  Shanghae  Banking  Corporation,  London. 
The  payment  into  the  credit  of  these  accounts  shall  be  made  in  such 
instalments  and  on  such  dates  as  the  conditions  allowed  to  the  sub- 
scribers to  the  loan  shall  admit. 

Interest  at  a  rate  to  be  arranged  from  time  to  time  shall  be  granted 
on  the  credit  balance  of  the  railway  accounts. 

After  deduction  of  the  funds  required  for  the  service  of  interest 
and  for  commission  on  this  service  during  the  time  of  construction. 


358   TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

the  Deutsch-Asiatische  Bank  will  hold  the  proceeds  with  accrued  inter- 
est to  the  order  of  the  Board  of  Commissioners  appointed  for  the 
northern  part  of  the  Tien-tsin-Chinkiang  Railway  lines,  and  the  Hong 
Kong  and  Shanghae  Banking  Corporation  will  hold  the  proceeds  with 
accrued  interest  to  the  order  of  the  Board  of  Commissioners  appointed 
for  the  southern  part  of  the  Tien-tsin-Chinkiang  Railway  line.  The 
Commissioners,  in  drawing  the  sums  necessary  for  the  construction, 
shall  give  notice  to  the  banks  fourteen  days  before  the  day  on  which 
they  are  required. 

15.  If  during  the  time  of  construction  the  whole  amount  of  the 
instalments  with  accrued  interest  to  be  paid  by  the  Syndicate  should, 
after  deduction  of  the  sums  necessary  for  the  service  of  interest  on  the 
loan,  not  be  sufficient  for  the  construction  of  the  itiilway  lines,  the 
amount  of  deficiency  shall  be  provided  by  a  supplementary  loan  to  be 
issued  by  the  Syndicate,  the  interest  and  other  conditions  of  which  are 
to  be  the  same  as  in  this  Agreement,  but  the  price  must  be  arranged 
when  the  time  arrives. 

If  after  the  completion  of  the  lines  there  should  be  a  balance  at 
credit  of  the  Tien-tsin-Chinkiang  Railway  account,  the  Syndicate  shall 
transfer  such  unused  balance  to  the  credit  of  the  loan  service  reserve 
fund,  hereinafter  mentioned  as  a  provision  for  payments  to  which  the 
Government  is  bound  by  clause  8  of  this  agreement. 

16.  If  before  the  publication  of  the  prospectus  for  the  issue  of  the 
loan  any  political  or  financial  crisis  should  take  place  in  Europe  or 
elsewhere,  by  which  the  markets  and  the  prices  of  existing  Chinese 
Government  stocks  are  so  affected  as  to  render  the  successful  issue  of 
the  loan  impossible  on  the  terms  herein-named,  the  Syndicate  shall  be 
granted  such  extension  of  time  for  the  performance  of  their  contract 
as  the  circumstances  demand,  or  shall  have  the  right  to  withdraw 
from  their  contract  with  the  Chinese  Imperial  Government,  which 
shall  in  that  case  become  null  and  void. 

17.  The  Deutsch-Asiatische  Bank  on  the  one  side,  and  the  Hong 
Kong  and  Shanghae  Banking  Corporation  for  themselves  and  on 
behalf  of  Messrs.  Jardine,  Matheson,  and  Co.,  as  joint  agents  for  the 
British  and  Chinese  Corporation  (Limited),  on  the  other  side,  shall 
take  the  loan  in  shares  to  be  agreed  upon  by  the  Syndicate,  and  with- 
out responsibility  for  each  other. 

18.  The  northern  part  of  the  railway  lines  shall  be  constructed, 
equipped,  and  worked  on  behalf  of  the  Imperial  Chinese  Government 
by  the  Deutsch-Asiatische  Bank,  and  the  southern  part  of  the  railway 
lines  shall  be  constructed,  equipped,  and  worked  on  behalf  of  the 
Imperial  Chinese  Government  by  the  British  and  Chinese  Corporation 
(Limited),  under  conditions  as  follows: — For  each  of  these  parts  a 
Board  of  Commissioners  shall  be  appointed  to  superintend  the  con- 
struction, equipment  and  working  of  the  railway  lines  in  accordance 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      359 

with  regulations  to  be  arranged  between  the  Imperial  Directors  and 
the  Deutsch-Asiatische  Bank  and  the  British  and  Chinese  Corporation 
(Limited). 

19.  An  oflBce  shall  be  provided  for  the  Imperial  Directorate,  and  a 
head  oflSce  shall  be  established  for  each  Board  of  Commissioners.  The 
Board  of  Commissioners  for  the  northern  and  southern  parts  of  the 
lines  respectively  appointed  to  superintend  thfe  construction  and  admin- 
istration shall  each  consist  of  five  members:  two  Chinese  managers 
representing  the  Imperial  Directors  and  nominated  by  them,  and  three 
European  members,  namely,  a  representative  of  the  Bank  concerned, 
the  Manager  and  the  Chief  Engineer,  to  be  nominated  by  the  Deutsch- 
Asiatische  Bank,  and  the  British  and  Chinese  Coiporation  (Limited). 

In  case  any  foreign  or  Chinese  members  of  the  Boards  of  Commis- 
sioners do  not  work  well  together,  it  shall  be  open  to  the  Imperial 
Directors,  the  Deutsch-Asiatische  Bank,  and  the  British  and  Chinese 
Corporation  (Limited),  to  mutually  discuss  means  to  arrange  and  deal 
with  the  matter. 

The  foreign  and  Chinese  railway  staflF,  including  a  Ti-tiao,  shall  be 
appointed  by  the  Boards  of  Conunissioners,  who  will  report  the 
appointment  to  the  Imperial  Directors.  In  the  event  of  an  important 
appointment  the  two  Chinese  members  of  the  Boards  may  first  consult 
the  Imperial  Directors. 

The  principal  members  of  the  railway  staflF  shall  be  capable  and 
experienced  Europeans,  but  Chinese  with  sufficient  experience  in 
engineering  or  traffic  may  also  be  appointed. 

Foreign  and  Chinese  members  of  the  railway  staflf  shall,  in  the  event 
of  incapacity  or  misconduct,  be  dismissed  by  the  Boards  of  Conmiis- 
sioners,  who  will  inform  the  Imperial  Directors  of  the  same. 

The  salaries  of  the  five  members  of  each  Board  of  Commissioners 
and  of  the  foreign  and  Chinese  railway  staflF  shall  be  arranged  by 
the  Deutsch-Asiatische  Bank,  the  British  and  Chinese  Corporation 
(Limited),  and  the  Lnperial  Directors,  and  paid  by  the  head  office  of 
their  respective  sections. 

20.  The  plans,  estimates  and  all  matters  relating  to  survey  must  be 
submitted  for  approbation  to  the  Board  of  Commissioners.  The  Chief 
Engineer  shall  indicate  to  the  Chinese  Commissioners  the  land  which 
it  is  necessary  to  purchase,  and  which  must  be  sufficient  for  the  con- 
struction of  a  permanent  way  with  double  lines  and  dependencies,  and 
the  Chinese  Commissioners  shall  thereupon  eflTect  such  purchases  at  a 
price  to  be  based  on  a  scale  to  be  arranged  after  survey.  In  the  event 
of  the  route  proposed  by  the  Chief  Engineer  passing  through  towns, 
villages,  graveyards,  or  other  points,  where  much  obstruction  is 
encountered,  the  Chief  Engineer  will,  together  with  the  Board  of 
Commissioners,  consider  means  of  diverting  the  proposed  railway 
route  in  order  to  avoid  difficulties. 


360      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA, 

21.  After  completion  of  the  survey  and  due  inquiry  aa  to  the  pre- 
vailing provincial  ll-1chi  and  customs  dues,  the  Imperial  Directors  will 
arrange  with  the  Deutsch-Asiatische  Bank  and  the  British  and  Chinese 
Corporation  (Limited),  regulations  for  the  payment  of  li-hhi  and  duty 
upon  merchandize  and  live-stock  in  transit  over  the  railway  lines. 

22.  All  materials  necessary  for  the  constniction  and  working  of  the 
lines  obtained  either  from  foreign  countries  or  from  other  provinces 
of  China  and  the  revenues  derived  from  the  railway  shall  be  exempt 
from  duty  or  taxation  of  all  kinds,  and  the  Imperial  Government  of 
China  will  instruct  the  customs  and  li-kin  authorities  accordingly. 

All  material,  plant  and  goods,  shall  be  ordered  from  the  Deutsch- 
Asiatische  Bank  and  the  British  and  Chinese  Corporation  (Limited), 
on  conditions  to  be  arranged  in  the  Final  Agreement. 

The  plans,  estimates  and  requisitions  for  materials  shall  be  submit- 
ted to  the  Board  of  Commissioners  by  the  Chief  Engineer  for  refer- 
ence at  their  discretion  to  the  Imperial  Directors,  and  the  same  shall 
be  furnished  by  the  Deutsch-Asiatische  Bank  and  the  British  and 
Chinese  Corporation  on  the  best  possible  terms. 

Due  consideration  will  be  extended  to  materials  from  the  Hanyang 
Iron  Works,  if  available  when  required  and  of  a  quality  satisfactory 
to  the  Chief  Engineers  of  the  Syndicate. 

23.  The  Deutsch-Asiatische  Bank  and  the  British  and  Chinese  Cor- 
poration (Limited),  shall  during  the  working  of  the  lines  maintain  the 
railways,  buildings,  works,  rolling  stock  and  dependencies  in  good 
order  and  condition. 

24.  Branch  lines  or  extensions  in  connection  with  the  Tien-tsin- 
Chinkiang  Railway  lines  that  may  appear  profitable  or  necessary  later 
on  shall  be  the  subject  of  negotiations  between  the  Imperial  Directors 
and  the  Syndicate. 

25.  The  tariff  to  be  introduced  by  the  European  Manager  shall  be 
approved  by  the  Boards  of  Commissioners  who  will  take  into  consid- 
eration the  tariffs  of  other  existing  railway  lines  in  China,  while  keep- 
ing in  view  the  necessity  for  attracting  traffic.  The  European  Manager 
may  also  be  instructed  so  enter  into  arrangements  for  tariffs  on  through 
traffic  over  connecting  lines.  In  case  of  war,  foreign  or  internal,  the 
railway  lines  shall  be  reserved  in  the  first  instance  for  the  transport  of 
Chinese  troops,  commissariat  and  munitions  of  war  under  the  order 
of  Lnperial  Directors  and  at  half  the  ordinary  tariff  rates,  and  the 
railways  shall  not  engage  in  any  service  injurious  to  China.  In  case 
of  famine,  grain  will  also  be  transported  over  the  lines  at  half  the 
ordinary  tariff  rate  under  orders  of  the  Imperial  Directors. 

26.  All  payments  made  and  received  in  connection  with  the  railway 
lines  will  be  subject  to  the  control  of  the  Boards  of  Commissioners, 
and  after  the  line  is  working  estimates  of  receipts  and  expenditure 
shall  be  similarly  submitted  to  the  Boards.     Regular  accounts  shall  be 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      361 

furnished  through  the  Imperial  Directors  to  the  Railway  and  Mining 
Bureau  of  the  Tsung-li  Yamen  and  the  Board  of  Revenue,  Peking. 
All  payments  made  must  be  represented  by  Chinese  or  foreign  vouch- 
ers, as  the  case  may  be. 

27.  The  profits  from  working  completed  sections  of  the  railways 
during  the  time  of  construction  shall  be  credited  to  railway  construc- 
tion account. 

28.  Should  any  traffic  business  be  apparent  later  on  as  likely  to 
benefit  the  Imperial  Government  of  China  and  increase  the  earning 
power  of  the  railway  lines,  the  Deutsch-Asiatische  Bank  and  the 
British  and  Chinese  Corporation  (Limited)  shall  represent  the  same  to 
the  Imperial  Directors,  and  request  them  to  obtain  the  necessary 
authority  to  arrange  the  business. 

29.  The  Deutsch-Asiatische  Bank  and  the  British  and  Chinese  Cor- 
poration (Limited)  shall  work  the  lines  on  behalf  of  the  Imperial  Gov- 
ernment of  China  until  the  present  loan  is  redeemed.  As  soon  as  the 
loan  has  been  completely  redeemed,  this  Agreement  shall  become  null 
and  void,  and  the  railway  lines  and  property  named  in  this  Agreement 
shall  be  handed  over  to  the  absolute  disposal  of  the  Chinese 
Government. 

30.  The  annual  net  revenue  is  understood  to  be  that  resulting  from 
the  gross  receipts  of  the  passengers  and  goods  traffic  and  the  income 
from  other  sources,  after  deducting  all  working  expenses,  including 
maintenance  of  the  permanent  way,  repairs  and  renovation  of  machin- 
ery and  rolling  stock,  and  all  expenses  of  administration,  besides 
deducting  an  amount  to  be  determined  by  the  Deutsch-Asiatische 
Bank  and  the  British  and  Chinese  Corporation  (Limited)  as  sufficient 
for  accumulating  a  reserve  fund  for  extraordinary  improvements  or 
repairs.  Of  the  surplus  of  the  joint  net  annual  revenue  of  the  north- 
ern and  southern  railway  lines,  after  payment  of  interest  and  repay- 
ment of  principal  of  the  loan,  first,  a  participation  of  20  per  cent,  will 
be  granted  to  the  Syndicate  in  remuneration  for  their  management  of 
the  construction  and  the  working  of  the  railway  lines;  secondly,  an 
amount  equal  to  10  per  cent,  of  the  gross  earnings  will  be  transferred 
to  a  loan  service  reserve  fund,  deposited  with  the  two  Banks,  and  the 
remainder  will  be  at  the  disposal  of  the  Imperial  Government  of  China. 
An  account  of  the  said  loan  service  reserve  fund  will  be  rendered 
yearly  to  the  Railway  and  Mining  Bureau  of  the  Tsung-li  Yamen  and 
to  the  Board  of  Revenue,  and  the  fund  will  be  drawn  upon  onl}^  in  the 
case  of  the  revenue  of  the  railway  lines  being  insufficient  to  meet 
the  service  of  interest  and  principal  of  the  loan.  On  redemption  of 
the  loan  being  completed,  the  balance  of  this  fund  will  revert  to  the 
Chinese  Government. 

31.  The  powers  and  authority  given  and  delegated  to  the  Imperial 
Directors  by  the  Imperial  Government  of  China  shall,  in  the  case  of 


862      TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

their  promotion  or  removal,  be  transferred  to  their  successors,  and 
the  Deutsch-Asiatische  Bank,  the  Hong  Kong  and  Shanghae  Banking 
Corporation,  Messrs.  Jardine,  Matheson,  and  Co.,  and  the  British  and 
Chinese  Coiporation  (Limited)  may,  subject  to  all  their  obligations, 
transfer  or  delegate  all  or  any  of  their  rights,  powers,  and  discretions 
to  any  German  or  English  Company,  Directors,  or  agents  with  or 
without  power  of  further  transfer  and  sub-delegation. 

32.  DiflFerences  arising  between  the  Imperial  Directors  and  the  Syn- 
dicate will  be  taken  up  and  decided  with  equity  and  justice  by  the 
Tsung-li  YamSn  on  the  one  side,  and  the  Minister  for  Geixnany  and 
the  Minister  for  Great  Britain  in  China  on  the  other  side. 

33.  As  soon  as  possible  after  the  signature  of  this  Agreement  the 
Engineers  of  the  Syndicate  will  be  authorized  by  the  Imperial  Chinese 
Government  to  survey  and  report  upon  the  proposed  railway  lines, 
when,  subject  to  such  report  being  satisfactory  to  the  Syndicate,  this 
Preliminary  Agreement  will  be  ratified  by  the  Syndicate  and  replaced 
by  a  Final  Agreement  containing  all  necessary  details.  Modifications 
in  the  conditions  of  this  Preliminary  Agreement  may  be  made  subject 
to  the  consent  of  both  parties. 

34.  The  provisions  of  this  Preliminary  Agreement  shall,  immediately 
after  signature,  be  ratified  by  an  Imperial  Edict,®  which  shall  be  com- 
municated by  the  Tsung-li  Yam§n  to  the  Ministers  for  Germany  and 
Great  Britain  in  Peking. 

35.  Five  sets  of  this  Agreement  are  executed  in  English  and  Chinese, 
one  set  to  be  retained  by  the  Tsung-li  Yamen,  one  by  the  Railway  and 
Mining  Bureau,  and  one  by  each  Contracting  Party. 

In  the  event  of  any  doubt  arising  regarding  the  interpretation  of  the 
Contract,  the  English  text  shall  rule. 

a  Ratification  was  granted  on  the  24th  of  May,  1899.  British  Parliamentary  Blue 
Book,  China,  No,  1  {1900),  p.  190. 


No.  52. 

GERMANY. 

CONCESSION  GRANTED  THE  8GHANTUNG-EISENBAHN-GESELLSCHAFT 
FOR  THE  CONSTRUCTION  AND  OPERATION  OF  A  RAILWAY  FROM 
TSIN-TAO  TO  TSINAN  FU. 

[Translation.] 
June  Iot,  1899. 

In  response  to  a  request  made  by  the  Deutsch-Asiatischen  Bank 
(German-Asiatic  Bank),  representing  the  Syndicate,  formed  for  the 
establishment  of  a  German-Chinese  Company  with  the  title  of 
"Schantung-Eisenbahn-Gesellschaft"  (Shantung  Railway  Company), 
the  Imperial  Government  agrees  to  grant  to  said  company  a  conces- 
sion for  the  construction  and  operation  of  a  railway  in  the  Chinese 
Province  of  Shantung,  from  Tsin-tao  via  Weihsien  to  Tsinan  Fu  with  a 
branch  line,  starting  from  a  point  on  the  main  line,  to  Poshan,  accord- 
ing to  the  provisions  of  the  German-Chinese  Treaty  of  March  6, 1898, 
and  under  the  following  conditions: 

§1. 

The  construction  and  maintenance  of  the  railway  shall  be  proceeded 
with  bj^  a  German-Chinese  Company,  to  be  organized  by  the  Syndicate 
•upon  the  basis  of  the  contract  hereto  attached. 

This  company  will  have  its  domicile  at  first  in  Berlin  but  will  never- 
theless remove  the  same  to  Tsin-tao  within  six  months  from  the  date 
of  the  granting  of  the  concession. 

§2. 

The  capital  for  the  construction  and  operation  of  the  railway  is 
fixed  at  54  Million  Marks. 

Care  is  to  be  taken  that  Germans  as  well  as  Chinese  may  participate 
in  the  public  subscription  to  the  stock  of  the  Company.  More  espe- 
cially, shall  subscriptions  be  opened  in  the  suitable  commercial  cen- 
ters of  East  Asia,  and  the  amounts  there  subscribed  shall  receive 
proper  consideration. 

§3. 

The  management  of  the  railway  shall  be  domiciled  at  Tsin-tao.  The 
election  of  the  President  of  the  Board  of  Directors  as  well  as  the  Chief 
Operating  Official  must  be  approved  by  the  Imperial  Government. 

363 


864     TBKATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

The  following  regulations  govern  the  construction  of  the  railway: 

I. 

In  the  building  of  the  railway  lines  the  special  preparatory  work  shall 
determine  the  best  possible  connection  with  the  most  important  coal 
fields,  more  especially  with  those  of  Weihsien  and  Tzechuan  as  well 
as  the  chief  cities  and  towns  between  Tsintao  and  Tsinanfu,  which,  on 
account  of  their  population  or  other  significance,  nfast  be  considered 
in  their  relation  to  railway  traffic. 

In  the  construction  of  the  railway  station  at  Tsinan  Fu  consideration 
is  to  be  given  to  the  connection  with  the  Hoang  ho  and  the  continua- 
tion of  the  railway  on  the  one  side  to  the  southern  boundary  of  the 
Province  of  Shantung  in  the  direction  of  Kua-chou  (Chinkiang),  on 
the  other  side  following  the  North  Boundary  of  the  same  Province  in 
the  direction  of  Tientsin  and  Cheng-ting. 

The  Compan}''  must  obtain  from  the  Imperial  Governor  permission 
to  carry  out  the  railway  line,  in  accordance  herewith,  in  the  territory 
of  Kiau-chou,  outside  this  territory  the  permission  of  the  Imperial 
Minister  in  Peking  is  to  be  obtained. 

The  lines  may  be  built  for  single  track;  however  sufficient  land  for 
the  construction  of  a  double  track  must  be  provided. 

The  gauge  shall  measure  1,436  meter. 

n. 

German  material  shall  be  used,  as  far  as  possible,  in  the  construc- 
tion of  the  railways. 

III. 

The  completion  and  opening  of  the  main  line  from  Tsin-tao  to 
Tsinan  Fu,  and  of  the  branch  line  to  Poshan  must  follow  within  a  period 
of  6  years,  dating  from  the  grant  of  the  concession,  and  that  of  the 
railway  section  from  Tsin-tao  to  Wei-hsien  within  a  period  of  3  years. 
Should  the  company  be  prevented  from  the  fulfillment  of  these  obli- 
gations by  force  major,  the  fixed  periods  shall  be  respectively  extended. 

The  following  stipulations  shall  obtain  for  the  operation  of  the 
railways: 

I. 

The  Governor  of  Kiau-chou  is  to  be  notified  of  the  proposed  opening 
of  the  railway  on  any  one  section  at  least  three  days  in  advance  of  the 
time  set. 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOEEA.      365 

II. 

The  railway  is  to  be  equipped  in  due  time  with  rolling  stock  accord- 
ing to  the  requirements  of  traffic.  The  miaterial  used  shall  be,  as  far 
as  possible,  of  German  origin. 

The  company  binds  itself  to  permanently  maintain  the  railways, 
buildings,  workshops  and  rolling  stock,  including  the  telegraph  plants, 
in  good  order  and  condition,  in  order  that  transportation  may  be  made 
with  security  and  according  to  the  stipulations  of  the  present  con- 
tract. The  company  shall  be  held  responsible  therefor  by  the  Imperial 
Government,  but  no  stricter  regulations  shall  be  issued  for  railways 
outside  of  the  Protectorate  than  those  in  force  on  the  majority  of  the 
railways  in  China,  built  and  operated  under  similar  circumstances. 
The  railway  police  regulations  applicable  within  the  Protectorate  shall 
be  in  force  along  the  line  of  railroad  operation. 

m. 

The  number  of  trains  to  be  despatched  is  left  to  the  discretion  of 
the  company,  but  it  must  meet  the  necessities  of  traffic  as  far  as  possi- 
ble. The  establishment  of  a  schedule  and  changes  therein  are  subject 
to  the  approval  of  the  Governor  of  Kiau-chou,  with  the  understand- 
ing that  no  greater  obligations  shall  be  required  of  the  company  than 
in  the  case  of  the  majority  of  other  railways  built  and  operated  under 
similar  circumstances  in  China. 

The  time  table  is  to  be  made  public  in  due  time. 

IV. 

The  fixing  of  the  tariff  for  transporting  passengers  and  freight  on 
every  railway  section  is  left  to  the  discretion  of  the  company  for  the 
first  ten  years,  beginning  on  January  1st  following  the  opening  of 
the  railway,  but  the  maximum  rates  for  the  transportation  of  coal,  to 
be  fixed  by  the  Imperial  Government  after  consultation  with  the  com- 
pany, may  not  be  exceeded.  Subsequent  to  this  time,  that  is  after 
the  expiration  of  the  ten  years  specified  above,  it  is  optional  with  the 
Imperial  Government  to  fix  the  maximum  rates  for  the  various  classes 
of  passengers  and  goods  every  five  years;  within  these  limits  the  com- 
pany shall  be  at  liberty  to  fix  the  charges  of  transportation.  All 
maximum  rates  to  be  fixed  by  the  Imperial  Government  shall,  how- 
ever, not  be  lower  than  the  maximum  rates  of  the  majority  of  railways 
built  and  operated  under  similar  circumstances  in  China. 

Rates  for  transportation  as  well  as  changes  therein  must  be  made 
known  to  the  Governor  before  adoption,  and  shall  be  published  in  due 
course.  Increased  rates,  should  they  not  be  approved  by  the  Governor, 
shall  come  into  force  three  months  after  publication  only. 


866     TREATIES  AND  CONVENTIONS  WITH  CHINA  ANl?  KOBEA. 

V. 

Use  of  the  railway  is  to  be  granted  to  everybody  under  similar 
conditions.  Especially  the  rates  fixed  for  ti*ansportation  are  to  apply 
equally  to  all  persons  or  goods  of  the  same  class.  Facilities  of  trans- 
portation which  under  fulfillment  of  the  same  conditions  do  not  benefit 
everybody  are  inadmissible.  Exceptional  tariffs  require  the  approval 
of  the  Governor  of  Kiau-chou. 

Upon  demand  of  the  Imperial  Government  the  Company  is  obliged 
to  allow  other  contractors  to  connect  with  the  i-ailway  by  means  of 
private  connecting  tracks  or  junction  railways,  upon  refunding  to  the 
Company  the  expenses  incurred  thereby,  should  the  Company  itself 
not  build  connecting  tracks  or  junction  railways  within  a  reasonable 
time.  The  Company  is  further  obliged  to  undertake  the  operation 
of  the  private  connecting  tracks  and  furnish  the  necessary  means  of 
transportation,  for  which  it  is  to  receive  suitable  compensation,  and 
further,  for  a  likewise  reasonable  compensation,  to  allow  the  passage 
of  the  necessary  transportation  material  of  the  junction  railways. 

§6. 

Should  the  company  culpably  offend  against  one  of  the  obligations 
imposed  upon  it  by  this  document  and  not  complj'^  in  due  time  with  the 
injunction  given  by  the  Imperial  Government  to  make  good  the 
offense,  the  Imperial  Government  may  hold  the  company  responsible 
for  the  losses  accruing  to  the  traflSc  through  its  fault,  in  an  adequate 
sum  of  money. 

Whether  there  has  been  a  culpable  offense  on  the  part  of  the  com- 
pany, and  whether  in  consequence  of  such  offense  the  order  of  the 
Imperial  Government  has  not  been  properly  complied  with,  and  what 
amount  shall  be  paid  for  accrued  damages,  shall  be  finally  determined 
by  a  Court  of  Arbitration  to  be  formed  as  provided  for  in  Section  7. 

All  moneys  hereafter  to  be  paid  by  the  company  shall  be  paid  into 
the  Treasury  of  the  Imperial  Government  of  Kiau-chou. 

Should  a  culpable  action  of  the  company  relative  to  one  of  the 
imposed  obligations  contained  in  this  document  result  in  the  railway 
section  not  being  constructed  or  operated  in  due  course,  the  Imperial 
Government  is  authorized  to  take  over  itself,  or  to  cause  to  be  taken 
over  by  a  third  party,  the  construction  or  extension  of  the  railway  and 
the  organization  or  continuation  of  the  traflSc,  all  at  the  expense  of 
the  company.  The  question  as  to  whether  such  a  culpable  action  on 
the  part  of  the  company  exists  is  also  to  be  finally  decided  by  the 
Court  of  Arbitration  to  be  formed  according  to  paragraph  7  of  this 
document. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      367 

The  Court  of  Arbitration,  provided  for  in  Article  6,  shall  be  formed 
in  such  manner  that  each  party  appoints  two  arbitrators  and  these  shall 
elect  an  umpire.  The  Imperial  Government  will  name  its  arbitrators 
to  the  company  and,  at  the  same  time,  request  the  company  to  appoint 
their  arbitrators  within  four  weeks,  counting  from  the  day  of  the 
handing  in  of  the  summons,  and  to  name  them  to  the  Imperial  Gov- 
ernment. If  the  company  does  not  comply  with  this  summons  in  due 
time,  the  Imperial  Government  will  also  elect  the  necessary  arbitra- 
tors. The  umpire  is  elected  by  a  majority  vote.  In  the  case  of  a  tie 
the  umpire  will  be  appointed  by  the  President  of  the  Hanseatic  Upper 
District  Court.  The  regulations  of  the  Tenth  Book  of  the  Civil 
Process,  unless  otherwise  stated  in  this  document,  shall  hold  good  for 
the  arbitration  proceedings. 

§8. 

During  the  life  of  the  concession,  conveyed  in  this  document,  the 
Imperial  Government  will  not  grant  to  any  other  contractor  the  right 
to  construct  a  railway  section,  running  parallel  in  the  same  direction 
with  the  concessionary  lines  to  the  same  points,  or  touching  at  several 
of  their  principal  places. 

§9. 

The  Imperial  Government  of  Kiau-chou  shall  cede  to  the  company 
such  land  in  the  Protectorate  necessary  for  the  construction  of  the 
railway,  provided  it  is  property  of  the  Government  and,  according  to 
the  declaration  of  the  Governor,  not  indispensable  for  Government 
purposes,  upon  payment  of  the  price  prevailing  in  the  locality,  but 
which  shall  not  exceed  125,000  marks.  The  Imperial  Authorities  will, 
a<*  far  as  possible,  assist  the  company  at  their  request  to  acquire  more 
land  if  necessary,  should  it  lie  in  the  Protectorate  or  in  the  Province 
of  Shantung. 

§10. 

The  Imperial  Government  will  grant  to  the  company,  upon  their 
request,  the  concession  for  the  construction  and  operation  of  the  rail- 
ways from  Tsinan  Fu  to  I-chou  Fu  and  from  Tsin-tao  to  I-chou  Fu, 
under  conditions  corresponding  to  those  contained  in  this  document. 

As  regards  these  railways,  the  company  is  free  to  await  the  end 
of  the  year  1908  before  presenting  this  request.  The  concessions 
not  solicited  in  due  time  can  be  otherwise  granted  by  the  Imperial 
Government. 


368     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

§11. 

The  company  shall  pay  a  contribution  from  the  yeariy  net  profits  of 
the  railway  to  be  applied  to  the  expenditures  of  the  Government  for 
the  hai'bor  works  in  the  Bay  of  Kiau-chou  and  also  to  the  general  run- 
ning expenses  of  the  Protectorate,  which  contribution  is  to  be  estimated 
as  follows: 

If  after  the  opening  of  the  traffic  of  the  railway  from  Tsin-tao  to 
Tsinanfu,  the  net  earnings  of  the  railway  would  permit  the  payment 
of  a  yearly  dividend  of  more  than  5  per  cent  of  the  paid  up  capital 
which  is  used  in  operating  the  railway,  there  shall  be  paid  into  the 
Government  funds  of  Kiau-chou  the  twentieth  part  of  any  surplus  over 
5  to  7  per  cent,  the  tenth  part  of  any  surplus  over  7  to  8  per  cent,  the 
fifth  part  of  any  surplus  over  8  to  10  per  cent,  the  third  part  of  any 
sui'plus  over  10  to  12  pepcent,  and  the  half  of  any  surplus  over  12  per 
cent. 

§12. 

The  Imperial  Government  reserves  the  right  to  purchase  the  rail- 
ways to  be  constructed  by  the  company  in  accordance  with  this  con- 
cession, after  the  end  of  sixt}'^  years,  calculated  from  the  date  of  the 
grant  of  the  concession.  The  Imperial  Government  further  reserves 
the  right  to  buy  at  the  end  of  every  five  years,  including  a  one  year's 
previous  notice,  all  establishments,  rolling  stock,  appurtenances,  inclu- 
sive of  the  reserve  and  renewal  funds  earned  by  the  railway  enter- 
prise, upon  payment  of  twenty -five  times  the  amount  of  the  average 
dividends  paid  during  the  last  five  years  from  its  earnings,  or,  at  least, 
however,  the  commercial  value  of  the  actual  existing  railway  plants, 
workshops  and  rolling  stock.  In  case  there  should  be  any  doubt  in 
ascertaining  the  value,  a  Court  of  Arbitration,  formed  according  to 
Article  7,  shall  decide.  Should  no  sum  obtain  the  majoritj'^  of  the 
votes  cast  the  one  nearest  the  average  of  the  sums  named  by  the  indi- 
vidual arbitrators  shall  be  accepted.    The  decision  of  the  Court  is  final. 

§13. 

The  transfer,  in  whole  or  in  part  of  the  concession  granted  to  the 
company,  according  to  this  doc^ment,  the  rights  and  obligations  apper- 
taining to  it  in  exercise  of  the  same,  under  maintenance  of  its  conces- 
sionary character,  as  well  as  any  alteration  in  the  contract,  must,  to 
become  valid,  have  the  approval  of  the  Imperial  Government. 

The  transfer  of  the  concession  itself  or  parts  thereof  to  another  com- 
pany', not  German  or  German-Chinese,  is  prohibited. 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      869 

§14. 

The  Imperial  Government  reserves  the  right  of  appointing  a  com- 
missioner according  to  Article  II  of  the  second  part  of  the  German- 
Chinese  Treaty  of  March  6,  1898. 

§15. 

A  copy  of  this  concession  document  will  be  delivered  to  the  company 
as  soon  as  the  company  is  regularly  formed  by  the  Syndicate. 

§16. 

The  charges  for  all  expenses  incurred  in  this  document,  especially 
the  stamp  duties,  shall  be  borne  by  the  Company. 
Baden-Baden  June  1,  1899. 

(Signed)  Imperial  Chancellor 

Ptmce  zu  Hohenlohe' Schillings furst 
27938-04 2A 


No.  53. 

RUSSIA. 

IMPERIAL  ORDER  FOR  THE  BUILDING  OF  DALNY  AND  CREATING  IT 

A  FREE  PORT. « 

[Translation.]  . 

July  30,  1899. 

To  THE  Minister  of  Finance. — Our  Empire,  comprising  as  it 
does  immense  territories  in  Europe  and  Asia,  is  called  upon  by 
Divine  Providence  to  contribute  to  the  pacific  intercourse  of  the  peo- 
ples of  the  East  and  the  West.  For  the  attainment  of  this  historic 
object  we  have  received  the  friendly  assistance  of  the  Chinese  Empire, 
which  has  ceded  to  us  the  use  of  the  Harbour  of  Talienwan  and  Port 
Arthur,  with  the  adjacent  territory,  and  has  furnished  for  the  Great 
Siberian  Railway  an  outlet  through  its  possessions  to  the  Yellow  Sea. 
Thanks  to  this  wise  decision  of  the  Government  of  His  Majesty  the 
Emperor  of  China,  the  extreme  limits  of  two  continents  of  the  Old 
World  will  very  shortly  be  connected  by  an  uninterruj^ted  line  of  rails, 
which  will  secure  for  all  nations  the  incalculable  advantages  of  easy 
communication,  and  bring  new  regions  within  the  operations  of  the 
commerce  of  the  world. 

In  our  increasing  solicitude  for  a  scheme  of  such  general  utility  as 
this,  we  have  directed  our  attention  to  the  first-rate  importance  which, 
when  once  the  line  is  constructed,  its  terminus,  the  port  of  Talienwan, 
will  acquire.  Having  declared  after  its  occupation  that  this  port  was 
open  to  the  commercial  fleets  of  all  nations,  we  deem  it  advisable  now 
to  proceed  to  the  construction  near  this  port  of  a  town,  to  which  we 
give  the  name  of  ''  Dalny." 

At  the  same  time,  with  a  view  to  the  commercial  development  of  the 
future  town,  we  grant  to  the  same  for  the  entire  period  for  which  its 
territory  is  handed  over  to  Russia  by  China,  under  the  arrangement 
of  the  16th  (27th)  March,  1898,  the  right  of  free  trade  granted  to  free 
ports  on  the  following  conditions: — 

1.  The  importation  and  exportation  of  goods  of  every  kind  are 
allowed  free  of  customs  dues  in  the  town,  port,  and  adjacent  territory, 
within  the  limits  determined  by  and  liable  to  modification  by  the 
Minister  of  Finance. 


a  Journal  de  St.  Petersburg,  August  5,  1899. 
370 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      371 

2.  The  right  of  free  trade  thus  granted  does  not  affect  transport, 
anchorage,  and  other  dues  of  various  kinds,  levied  at  ports. 

8.  The  Quarantine  Regulations,  issued  with  a  view  to  preventing 
the  introduction  of  infectious  diseases,  must  be  strictly  observed  by  all 
ships  entering  the  port. 

4.  Goods  imported  into  Russia  which  come  from  the  territory 
enjoying  the  right  of  free  trade  will  be  examined,  will  pay  import 
duty,  and  will  enter  the  Empire  under  the  general  conditions  in  force 
for  the  importation  of  foreign  goods. 

Invoking  the  blessing  of  the  Lord  upon  this  truly  pacific  work  of 
the  future,  we  intrust  to  your  care  the  superintendence  of  the  con- 
struction of  the  town  and  port. 

Nicolas. 

Pbtebhof,  Jvly  30^  1899. 


No.  54. 

CHINA. 

EXPLANATORY  AND  ADDITIONAL  REGULATIONS  FOR  MINES  AND 

MINING.fl 

Impbbial  Rescript,  July  30,  18W. 
[Translation.] 

Whereas  a  joint  Memorial  was  presented  on  the  19th  November, 
1898,  submitting  Regulations  for  mines  and  railways;  and  it  was 
explained  therein  that  future  action  should  depend  on  circumstances, 
and  that  where  additions  and  alterations  were  found  to  be  expedient, 
they  should,  after  careful  investigation  into  the  requirements  of  the 
case,  be  embodied  in  further  Memorials  and  put  in  force; 

And  whereas  with  regard  to  railway  matters,  a  joint  Memorial  was 
presented  on  the  13th  December,  1898,  submitting  a  general  scheme  in 
which  the  various  undei'takings  were  distinguished  in  order  according 
to  their  urgency; 

And  whereas  both  these  Memorials  were  approved  by  the  throne, 
and  circulated  for  general  guidance; 

And  whereas  since  the  opening  of  mines  was  sanctioned,  various 
explanations  of  and  additions  to  the  former  Regulations  have  been 
found  to  be  necessary  in  this  department  also: 

Now,  therefore,  memorialists  submit  as  follows: — 

When  the  State,  which  treats  all  men  with  equal  kindness,  allows 
mining  operations  to  be  undertaken  by  Joint-stock  Companies  com- 
posed of  Chinese  and  foreign  merchants,  the  intention  is  that  such 
merchants  should  obtain  a  profit  which  is  within  the  reach  of  all;  it  is 
not  intended  that  they  should  be  allowed  to  grasp  the  profit  of  a 
monopoly.  Now,  at  present,  when  Chinese  and  foreigners  apply  for 
mining  Concessions,  as  the  Regulations  allow  the  Companies  to  decide 
after  survey  in  what  places  minerals  exist,  they  invariably  indicate  only 
vaguely  that  such-and-such  Prefectures,  or  such-and-such  districts  of 
a  province,  without  indicating  clearly  certain  places  in  certain  districts 
("hsien"),  and  specifying  the  number  of  miles  included.  The  result 
is,  that  dishonest  traders  are  allowed  to  conspire  in  bogus  schemes  and 

o  British  Parliamentary  Blue  Book,  China,  No,  1  (1900),  p.  324^26. 
372 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      373 

obtain  a  monopoly  by  unfair  means,  and  that  honest  and  iond  fide 
gentry  and  merchants  draw  back  and  keep  in  retirement,  having  no 
motive  to  exert  themselves.  This  result  is  totally  at  variance  with  the 
original  intention  of  the  Concessions,  and  it  is  imperatively  necessary 
that  definite  limits  should  be  laid  down. 

Setting  aside,  therefore,  Concessions  already  sanctioned,  which  will 
continue  to  be  treated  according  to  Agreement,  in  future  each  appli- 
cant for  permission  to  conduct  mining  operations  must  specify  a  cer- 
tain place  in  a  certain  district,  and  will  not  be  allowed  to  indicate 
several  places  at  the  same  time^  or  to  vaguely  indicate  a  whole  Pre- 
fecture or  a  whole  district.  Thus,  monopoly  will  be  checked,  and 
profits  made  open  to  all. 

Secondly,  the  former  Regulations  provide  that,  in  order  to  preserve 
sovereign  rights,  the  control  of  all  joint  Chinese  and  foreign  Com- 
panies must  rest  with  the  Chinese  merchants,  and  there  is  also  a  clause 
providing  that  when  three-tenths  of  the  capital  has  been  provided  by 
Chinese-owned  shares,  foreigners  can  then  be  invited  to  buy  shares  in 
the  concern. 

Although  this  provision  was  designed  to  develop  and  encourage 
enlightened  progress,  yet  as  the  disproportion  of  three  Chinese  shares 
to  seven  foreign  shares  would  tend  to  give  the  balance  of  power  to 
outsiders,  and  gradually,  as  it  were,  to  let  the  host  be  silenced  by  the 
clamour  of  the  guests,  it  is  necessary  to  rectify  the  original  rule. 

Setting  aside,  therefore,  Concessions  already  sanctioned,  in  future 
no  undertaking  can  be  commenced  unless  the  shares  held  by  Chinese 
and  foreigners  respectively  are  each  one-half  of  the  whole,  in  order  to 
avoid  bias. 

The  management  shall  remain,  as  before,  in  Chinese  hands,  and  no 
application  on  the  part  of  .foreigners  to  conduct  operations  not  under 
Chinese  management  shall  be  entertained. 

Thirdly,  the  former  Regulations  provide  that  in  the  case  of  applica- 
tions made  by  gentry  or  merchants  in  the  provinces  for  permission  to 
mine,  the  local  authorities  must  see  that  such  proposals  are  not  con- 
trary to  the  Regulations  before  submitting  them  to  the  decision  of  the 
General  Board,  and  must  not  take  upon  themselves  to  grant  the  appli- 
cations. Also  that,  in  the  case  of  applications  made  to  the  General 
Board  direct,  inquiries  must  first  be  made  from  the  authorities  of  the 
province  before  the  proposals  are  sanctioned,  in  order  to  prevent  bogus 
schemes.  The  intention  of  the  Regulations  is  that,  when  Chinese  sub- 
jects undertake  mining  operations,  they  have  to  wait  until  inquiries 
are  made  and  permission  granted  before  inviting  the  co-operation  of 
foreign  shareholders,  and  that  by  this  means  only  abuses  can  be 
prevented. 

If,  before  application  is  made,  or  before  permission  is  granted,  a 
foreign  partnership  is  entered  into  to  exploit  the  mines  of  a  certain 


374     TREATIES  AND  0OKVENTION8  WITH  CHINA  AND  KOREA. 

place,  and  afterwards,  when  inquiry  is  made,  it  is  found  that  there  are 
many  objections  in  the  way,  and  that  it  is  impossible  to  carry  out  the 
undertaking,  the  merchants  concerned  only  incur  fruitless  expenditure 
in  surveying,  &c.,  and  not  only  is  a  want  of  consideration  displayed, 
but  bogus  schemes  and  swindles  are  not  got  rid  of.  Here,  too,  the 
original  rule  requires  explanation  and  addition. 

In  future,  therefore,  when  Chinese  merchants  apply  for  mining 
Concessions,  they  must  wait  until  it  is  ascertained  that  there  are  no 
objections  in  the  way,  and  until  permission  has  been  granted,  and  then 
only  are  they  at  liberty  to  invite  foreign  shareholders  and  enter  into 
Agreements.  After  this,  again,  their  Agreements  must  be  submitted 
for  investigation  and  approval  before  operations  can  be  commenced. 
If  partnerships  are  first  formed,  and  applications  submitted  afterwards, 
such  applications  shall  all  be  refused. 

Fourthly,  the  present  Regulations  provide  that  all  enterprises  must 
be  commenced  within  six  months  from  the  date  of  sanction,  under 
penalty  of  cancellation,  but  it  is  also  provided  that  special  cases  are 
excepted  from  this  rule.  The  result  is  that  pretexts  for  delay  are 
advanced  so  as  to  make  a  show  of  marking  out  claims  without  com- 
mencing genuine  operations,  and  it  is  now  necessary  to  define  a  strict 
limit  of  time. 

From  the  date  of  sanction  the  total  limit  shall  be  ten  mpnths,  and  no 
mitter  whether  there  are  any  special  reasons  or  not,  if  this  period  is 
exceeded  without  operations  being  begun,  the  sanction  given  shall  be 
cancelled.  The  local  authorities  may  then  intrust  the  undertaking  to 
other  persons,  and  the  original  applicants  cannot  dispute  their  rights. 

In  other  respects  the  former  Regulations  shall  still  hold  good,  and 
mines  which  have  been  already  opened  shall  remain,  subject  to  the  old 
system,  so  as  to  avoid  complications. 

•  If  these  proposals  are  honoured  by  the  Imperial  sanction,  memorial- 
ists will  issue  general  instructions  accordingl}^ 

The  instructions  of  their  Imperial  Majesties  the  Empress-Dowager 
and  the  Emperor  are  humbly  requested  on  the  above  explanatory^  and 
additional  Regulations  (or  mining. 

The  above  Memorial  has  been  drafted  by  the  General  Board  for 
Railways  and  Mines,  and  presented  in  conjunction  with  the  Tsung-li 
YamSn. 

Imperial  Rescript,  dated  the  30th  July,  1899:  "Let  it  be  as  pro- 
posed." 


No.  55. 

GREAT  BRITArCf . 

MEMORANDUM  OF  ASSOCIATION  OF  THE  CHINESE  ENGINEERING 
AND  MINING  COMPANY,  LIMITED. 

Dated  December  20,  1900. 

1.  The  name  of  the  Company  is  ^'The  Chinese  Engineering  and 
Mining  Company,  Limited." 

2.  The  Registered  Office  of  the  Company  will  be  situate  in  England. 

3.  The  objects  for  which  the  Company  is  established  are: — 

{a)  To  enter  into  and  carry  into  effect,  with  such  modifications  (if 
any)  as  may  be  agreed  upon,  the  agreement  mentioned  in  Clause  3  of 
the  Company's  Articles  of  Association: 

(i)  To  purchase,  take  on  lease  or  otherwise  acquire  any  mines, 
mining  rights  and  metalliferous  land  in  China  or  elsewhere,  and  any 
interest  therein,  and  to  explore,  work,  exercise,  develop,  and  turn  to 
account  the  same: 

(c)  To  carry  on  the  business  of  colliery  owners,  coal  and  coke  and 
metal  merchants,  iron  founders,  mechanical  engineers  and  manufac- 
turers of  agricultural  implements  and  other  machinery,  tool-makers, 
brass-founders,  metal-workers,  boiler-makers,  millwrights,  machinists, 
iron  and  steel  converters,  smiths,  wood-workers,  builders,  painters, 
metallurgists,  electrical  engineers,  water  supply  engineers  and  gas 
makers: 

(d)  To  carry  on  any  business  relating  to  the  winning  and  working 
of  minerals,  the  production  and  working  of  metals,  and  the  production, 
manufacture  and  preparation  of  any  other  materials  which  may  be 
usefully  or  conveniently  combined  with  the  mining  or  engineering  or 
manufacturing  business  of  the  Company,  or  any  contmcts  undertaken 
by  the  Company,  and  either  for  the  purposes  only  of  such  contracts 
or  as  an  independent  business: 

(e)  To  undertake  and  execute  any  contracts  for  works  involving  the 
supply  or  use  of  any  machinery,  and  to  carry  out  any  ancillar}"-  or 
other  works  comprised  in  such  contracts: 

(/)  To  buy,  sell,  manufacture,  repair,  convert,  alter,  let  on  hire 
and  deal  in  apparatus,  machinery,  implements,  rolling  stock  and  hard- 
ware materials  and  articles  of  all  kinds  which  shall  be  capable  of  being 

375 


376     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

used  for  the  purpose  of  any  business  herein  mentioned,  or  likely  to  be 
required  by  customers  of  any  such  business: 

{g)  To  crush,  win,  get,  quarry,  smelt,  calcine,  refine,  dress,  amal- 
gamate, manipulate  and  prepare  for  market,  ore,  metal  and  mineral 
substances  of  all  kinds,  and  to  carry  on  any  other  metallurgical 
operations  which  may  seem  conducive  to  any  of  the  Company's  objects: 

(A)  To  construct,  execute,  carry  out,  equip,  improve,  work,  develop, 
administer,  manage  or  control,  in  China  and  elsewhere,  public  or  other 
works,  buildings  and  conveniences  of  all  kinds,  which  expression  in 
this  Memorandum  includes  roads,  railways,  tramways,  docks,  harbours, 
piers,  wharves,  canals,  bridges,  reservoirs,  embankments,  irrigations, 
reclamation,  improvement,  sewage,  drainage,  sanitary,  water,  gas, 
electric  light,  telephonic,  telegraphic  and  power  supplj'^  works,  and 
hotels,  warehouses,  manufactories  and  mills  of  all  kinds,  and  public 
or  other  buildings,  and  all  other  works  or  conveniences  of  public  or 
private  utility: 

(i)  To  build  war  and  merchant  ships  and  other  vessels,  and  to  nego- 
tiate the  building  and  provision  of  the  same  in  China  and  elsewhere 
by  others: 

(J)  To  undertake  the  building  of  and  armament  of  forts  and  the  pro- 
vision of  aruLs,  guns,  armaments  and  ammunition  for  the  same  in  China 
and  elsewhere,  or  to  negotiate  the  undertakings  of  these  works  and 
supplies  by  others: 

(k)  To  undertake  the  dredging  and  repair  of  rivers  and  navigable 
and  other  waterways  in  China  and  elsewhere,  or  to  negotiate  the 
undertaking  of  these  works  by  others: 

(l)  To  apply  for,  purchase,  or  otherwise  acquire  any  contracts, 
decrees  and  concessions  for  or  in  relation  to  the  construction,  execu- 
tion, carrying  out,  equipment,  improvement,  management,  adminis- 
tration or  control  of  public  or  other  works  and  conveniences,  and  to 
undertake,  execute,  carry  out,  dispose  of  or  otherwise  turn  to  account 
the  same: 

(m)  To  carry  on  the  businesses  of  cotton,  wool  and  silk  spinners  and 
manufacturers,  brick,  tile,  cement  and  rope  manufacturers,  oil,  flour, 
rice,  cotton  and  paper  millwrights,  builders  and  contractors,  engi- 
neers, farmers,  graziers,  brewers,  printers,  bleachers,  dyers,  spinners, 
ship  owners,  ship  builders,  merchants,  carriers,  agents  and  importers 
and  exporters: 

(/i)  To  purchase,  build,  enter  into  contracts  with  respect  to  the 
building  of,  take  in  exchange,  charter  or  otherwise  acquire  and  hold 
steamships  and  vessels  or  craft  of  every  description,  or  any  shares  or 
interests  in  steamships,  vessels  or  craft,  or  in  their  insurance,  freights 
and  engagements,  and  also  shares,  stocks  and  securities  of  an}^  com- 
panies possessed  of  or  interested  in  any  ships  or  vessels,  and  to  main- 
tain, repair,  reclass,  improve,  alter,  sell,  exchange  or  let  out  to  hire. 


TREATIES  AND  CONVBITnONS  WITH  CHINA  AND  KOKEA.      377 

or  charter,  load  on  commission,  mortgage,  sell  or  otherwise  deal  with 
and  dispose  of  any  ships,  vessels  or  shares  or  securities  as  aforesaid: 

(o)  To  apply  for,  purchase  or  otherwise  acquire  any  patents,  bre- 
vets d'itivention,  licenses,  concessions  and  the  like,  conferring  an 
exclusive  or  non-exclusive  or  limited  right  to  use,  or  any  secret  or 
other  information  as  to  any  invention  which  may  seem  capable  of 
being  used  for  any  of  the  purposes  of  the  Company,  or  the  acquisi- 
tion of  which  may  seem  calculated  directly  or  indirectly  to  benefit  this. 
Company,  and  to  use,  exercise,  develop,  grant  licenses  in  respect  of 
or  otherwise  turn  to  account  the  property,  rights  and  information  so 
acquired: 

(p)  To  purchase,  hire  or  otherwise  acquire,  use,  maintain,  sell, 
exchange  or  otherwise  deal  with  or  dispose  of  and  turn  to  account,  all 
plant,  machinery,  live  and  dead  stock,  implements,  stores  and  mate- 
rials of  every  kind  requisite  for  any  of  the  purposes  of  the  Company, 
and  to  acquire,  by  purchase,  lease  or  otherwise,  any  lands  or  build- 
ings, real  or  personal  property,  easements,  rights  or  privileges  which 
the  Company  may  think  suitable  or  convenient  for  any  purposes  of  its 
business: 

(g)  To  acquire  and  carry  on  all  or  any  part  of  the  business  or  prop- 
erty, and  to  undertake  any  liabilities  of  any  person,  firm,  association 
or  company  possessed  of  property  suitable  for  any  of  the  purposes  of 
this  Company,  or  carrying  on  any  business  which  this  Company  is 
authorised  to  carry  on,  or  which  can  be  conveniently  carried  on  in 
connection  with  the  same,  or  may  seem  to  the  Company  calculated 
directly  or  indirectly  to  benefit  this  Company,  and  as  the  consideration 
for  the  same  to  pay  cash,  or  to  issue  any  shares,  stocks  or  obligations 
of  this  Company: 

(r)  To  transact  or  carry  on  all  kinds  of  agency  business,  and  in 
particular  in  relation  to  the  loan,  transmission  or  investment  of  money, 
the  sale  of  property,  and  the  collection  and  receipt  of  money,  and  to 
lend  money  to  such^persons  and  on  such  terms  as  may  seem  expedient, 
and  in  particular  to  customers  of  and  persons  having  dealings  with 
the  Complany,  and  to  give  any  guarantee  or  indemnity  as  may  seem 
expedient: 

(s)  To  promote  any  other  company  or  companies  for  the  purpose 
of  its  or  their  acquiring  or  taking  over  all  or  any  of  the  property, 
rights  and  liabilities  of  this  Company,  or  for  any  other  purpose  which 
may  seem  directly  or  indirectly  calculated  to  benefit  this  Company, 
and  to  purchase,  subscribe  for  or  otherwise  acquire,  and  to  hold  the 
shares,  stocks  or  obligations  of  any  company,  in  the  United  Kingdom 
or  elsewhere,  and  upon  a  distribution  of  assets  or  division  of  profits, 
to  distribute  such  shares,  stocks  or  obligations  amongst  the  Members 
of  this  Company  in  specie,  and  generally  to  distribute  among  the 
Members  any  property  of  the  Company  in  specie: 


878     TREATIES  AND  OONVENTIONH  WITH  CHINA  AND  KOREA. 

(t)  To  carry  on  any  other  business  which  may  seem  to  the  Company 
capable  of  being  conveniently  carried  on  in  connection  with  any  busi- 
ness which  the  Company  is  authorised  to  carry  on,  or  calculated  to 
enhance  the  value  of,  or  render  profitable,  any  of  the  Company's  prop- 
erties or  rights: 

(u)  To  borrow  or  raise  or  secure  the  payment  of  money,  and  for 
those  purposes  to  mortgage  or  charge  the  undertaking  and  all  or  any 
part  of  the  property  and  rights  of  the  Company,  present  or  after 
acquired,  including  uncalled  capital,  and  to  create,  issue,  make,  draw, 
accept,  and  negotiate  perpetual  or  redeemable  debentures  or  debenture 
stock,  bonds  or  other  obligations,  bills  of  exchange,  promissory  notes 
or  other  negotiable  instruments: 

{r)  To  sell,  let,  develop,  dispose  of  or  otherwise  deal  with  the 
undertaking,  or  all  or  any  part  of  the  property  of  the  Company,  upon 
any  terms,  with  power  to  accept  as  the  consideration  any  shares,  stocks 
or  obligations  of  any  other  company: 

(w)  To  pay  out  of  the  funds  of  the  Company  all  expenses  of  or 
incident  to  the  formation,  registration  and  advertising  of  or  raising 
money  for  the  Company,  and  the  issue  of  its  capital,  including  broker- 
age and  commissions  for  obtaining  applications  for  or  placing  shares, 
and  to  apply  at  the  cost  of  the  Company  to  Parliament  for  any  exten- 
sion of  the  Company's  powers: 

{x)  To  carry  out  all  or  any  of  the  foregoing  objects  as  principals  or 
agents,  or  in  partnership  or  conjunction  with  any  other  person,  firm, 
association  or  company,  and  in  any  part  of  the  world: 

(y)  To  procure  the  Company  to  be  registered  or  recognised  in  any 
foreign  country  or  place,  or  in  any  colony  or  elsewhere: 

(z)  To  do  all  such  other  things  as  are  incidental  or  conducive  to  the 
attainment  of  the  above  objects. 

4.  The  liability  of  the  Members  is  limited. 

5.  The  capital  of  the  Company  is  £1,000,000,  divided  into  1,000,000 
shares  of  £1  each,  with  power  to  increase  and  with  power  from  time 
to  time  to  issue  any  shares  of  the  original  or  new  capital  with  any 
preference  or  priority  in  the  payment  of  dividends  or  the  distribution 
of  assets,  or  otherwise,  over  any  other  shares,  whether  ordinarj'  or 
preference,  and  whether  issued  or  not,  and  to  vary  the  regulations  of 
the  Company  as  far  as  necessary  to  give  effect  to  any  such  preference 
or  priority,  and  upon  the  subdivision  of  a  share  to  apportion  the  right 
to  participate  in  profits  in  any  manner  as  between  the  shares  resulting 
from  such  subdivision. 

We,  the  several  persons  whose  names  and  addresses  are  subscribed, 
are  desirous  of  being  formed  into  a  Company,  in  pursuance  of  this 
Memorandum  of  Association,  and  we  respectively  agree  to  take  the 
number  of  shares  in  the  capital  of  the  Company  set  opposite  our 
respective  names. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      379 


Names,  addreeaes,  and  descriptions  of  subscxibera. 


Number  of 
shares  taken 
by  each  sub- 
scriber. 


Emeet  Pears,  22,  Austin  Friars,  E.G.,  Secretanr 

Edmond  Ponsonby  Tennant,  7,  Brookfield  Terrace,  Walthamstow, 

Essex,  Company  Clerk .' 

Norman  Nolckman,  8,  Elm  Road,  Beckenham,  Clerk 

Herbert  Owen,  76,  Bayswater  Road,  Stoke  Newington,  Gentleman  . . . 
Ricbard  Wentworth  Lucy,  28,  Bromley  Street,  Stepney,  E.,  Clerk  ... 
Arthur  J.  W.  Lawson,  43,  Forest  Drive  West,  Leytonstone,  Secretary. 
H.  W.  Brown,  63,  Mackenzie  Road,  Beckenham,  Kent,  Gentleman... 


One. 

One. 
One. 
One. 
One. 
One. 
One. 


Dated  the  20th  day  of  December,  1900. 
Witqess  to  the  above  Signatures — 
Thomas  Winter, 

Clerk  to  Measrs.  Ashiirat^  Morris^  Orisp  <&  Co.^  SoUdtora^ 

17,,  Throgmorton  Avenue^  London,,  E.  C. 


No.  56. 

CHINA. 

RULES  AND  REGULATIONS  FOR  MINING  ISSUED  BY  THE  CHINESE 

GOVERNMENT. 

April,  1902. 
[Translatioii.] 

(1)  All  persons  intending  to  engage  in  mining,  whether  with  native 
shareholders  or  by  borrowing  foreign  capital,  must  first  of  all  clearly 
petition  the  Foreign  Office  and  present  the  petition  in  person,  or 
request  the  viceroy  or  governor  of  their  respective  provinces  to  for- 
ward their  application  to  this  board,  and  await  an  official  reply. 
Whenever  permission  to  mine  is  given,  a  certificate  will  be  granted, 
without  which  no  mining  operations  can  be  undertaken. 

(2)  When  such  applications  are  approved  by  the  Foreign  Office, 
that  office  will  refer  the  application  to  the  bureau  of  mines  and  rail- 
ways for  approval.  On  receiving  from  the  head  office  a  reply  in  the 
affirmative,  the  Foreign  Office  will  advise  the  bureau  of  mines  and 
railways  to  issue  a  permit,  after  receipt  of  which  mining  operations 
may  be  conmienced.  Fees  for  such  permits  will  be  charged  at  the 
rate  of  1  per  cent  on  the  capital,  which  must  be  paid  to  that  bureau 
for  office  expenses. 

(3)  The  applicant  who  originally  applies  for  a  permit  for  mining 
must  himself  carry  on  the  matter;  he  can  not  sell  it  to  someone  else. 
[It  is  not  transferable.]  In  case  he  desires  to  sell  out  before  or  after 
he  has  begun  operation,  the  original  applicant  must,  with  the  trans- 
feree, apply  again  to  the  Foreign  Office,  according  to  articles  1  and  2, 
and  put  the  matter  on  record.  When  this  has  been  complied  with, 
then  the  transfer  can  be  made. 

(4)  If  the  owner  of  the  land  can  not  come  to  terms  with  the  mining 
parties,  the  original  petitioner  should  first  parley  with  him,  agree  on 
a  price,  and  have  it  recorded.  It  should  not  be  a  private  (or  secret) 
transaction.  If,  for  Government  reasons,  the  land  should  be  mined 
and  the  owner  of  the  land  is  obstreperous,  he  should  be  made  to  yield 
to  the  wishes  of  the  Government.  In  such  a  case,  the  officials  shall 
pay  the  owner  a  reasonable  price,  so  that  mining  can  be  begun  at  will. 

(5)  Applicants  for  concessions  may  be  Chinese  or  foreigners,  or 
Chinese  and  foreigners  in  partnership;  it  makes  no  difference.  But 
the  land  being  Chinese  soil,  and  permission  to  mine  being  granted  by 

380 


TBEATIE8  AWD  CONVENTIONS  WITH  CHINA  AND  KOREA.      381 

the  Chinese  Government,  it  behooves  all  who  undertake  mining  opera- 
tions to  respect  and  abide  by  the  rules  and  regulations  of  this  Gov- 
ernment. If  trouble  of  any  kind  arises,  the  Chinese  Government  can 
use  its  sovereignty  to  make  a  settlement. 

(6)  According  to  the  valuation  of  the  vein  opened  a  tax  must  be 
paid,  as  follows: 

On  100  taels'  ($68)  worth  of  coal,  iron,  antimony,  alum,  borax,  etc., 
5  taels  (^.40),  or  6  per  cent. 

On  kerosene,  copper,  lead,  tin,  sulphur,  cinnabar,  etc.,  10  per  cent. 

On  gold,  silver,  spelter,  quicksilver,  etc.,  15  per  cent. 

On  diamonds,  crystals,  etc.,  25  per  cent. 

Ores  which  are  not  included  in  the  above  list  shall  pay  a  tax  accord- 
ing to  the  nearest  mineral  mentioned. 

There  is  still  to  be  an  export  duty  at  the  treaty  ports,  but  no  likin. 
The  above  amount  is  to  form  a  distinct  revenue,  for  which  the  customs 
are  to  open  a  separate  account. 

(7)  Every  company  receiving  a  permit  must  begin  work  within 
twelve  months.  After  that  limit  the  permit  will  be  canceled  and  a 
new  concession  given. ,  The  fact  will  be  advertised  in  all  the  native 
and  foreign  papers. 

(8)  A  railway  for  transport  may  be  built  from  the  mine  to  the  near- 
est port  or  to  the  nearest  trunk  line. 

(9)  A  mining  school  shall  be  started  near  to  the  mine,  the  expense 
to  be  borne  by  the  company. 

(10)  All  materials  and  mining  machinery  from  abroad  shall  pay  an 
import  duty  only  at  the  port;  there  shall  be  no  likin.  Whatever 
material  is  procured  inland  shall  be  given  a  free  transit  pass,  if  it  is 
found  to  be  really  for  use  at  the  mines.  But  smuggling  of  any  kind 
will  be  heavily  fined. 

(11)  The  company  must  report  to  the  Foreign  OfBce  when  mining 
engineers  are  engaged,  so  that  word  can  be  sent  to  the  viceroys  and 
governors  to  instruct  the  local  authorities  to  give  them  adequate 
protection.  In  case  of  trouble  the  local  authorities  will  be  held 
responsible.  In  disturbances  caused  through  the  purchase  of  land, 
opening  a  mine,  or  by  the  workmen,  the  local  officials  must  issue  a 
proclamation  and  restore  order.  If  any  malpractice  is  discovered  they 
will  surely  be  impeached  and  no.  leniency  will  be  shown. 

(12)  Mining  land  belonging  to  the  people  may  be  purchased  at  the 
market  value,  but  Government  land  i^ust  be  leased.  The  new  owner 
shall  pay  a  land  tax,  as  is  customary.  Only  land  needed  for  sinking 
shafts  or  other  mining  purposes  shall  be  occut)ied. 

(13)  In  buying  land  the  company  must  pay  a  fair  price,  and  not 
appropriate  the  land  by  force;  nor  must  the  owners  raise  their  price  to 
excess.  Putting  obstructions  in  the  way  on  account  of  "feng-shui,'' 
etc.,  will  not  be  allowed.  In  case  the  owner  prefers  to  take  shares 
rather  than  money  for  his  land,  this  may  be  done. 


882     TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

(14)  Houses  and  graves  are  to  be  avoided.  But  if  the  land  to  be 
mined  has  houses  or  graves  on  it,  the  original  owner  should  be  well 
compensated  and  a  removal  effected. 

(15)  There  should  be  Chinese  police  to  guard  the  mines,  the  expenses 
to  be  met  by  the  company.  Foreigners  should  have  charge  of  the 
machinery  and  accounts,  but  all  other  employees  should,  as  far  as  pos- 
sible, t)e  Chinese,  and  should  be  well  paid.  In  case  of  accident  to  the 
workmen  in  the  mines,  their  familes  should  be  compensated. 

(16)  Chinese  who  have  studied  mining  abroad,  or  who  are  merchants 
abroad  and  wish  to  invest  in  mines  in  China,  may  report  to  the  Foreign 
OflBce.  Students  who  are  successful  in  prospecting  will  be  recom- 
mended for  imperial  honors. 

(17)  Those  investing  money  in  mining  will  be  protected,  but  the 
Government  will  not  be  responsible  for  losses,  nor  for  money  borrowed 
from  foreigners.  Let  the  merchant  borrow  from  some  other  merchant 
to  repay  the  foreigners.     It  is  no  concern  of  the  Government. 

(18)  Accounts  must  be  made  up  each  year,  and  of  the  net  gain  25 
per  cent  shall  be  paid  as  royalty  to  the  Chinese  Government. 

(19)  All  companies  having  already  received. concessions  or  begun 
work  may  follow  their  regulations,  except  in  article  6  of  the  present 
rules.     New  companies  must  adhere  to  these  rules. 


No.  57. 

CHINA, 

KEVISED  REGULATIONS  FOR  RAILWAY  CONSTRUCTION  IN  CHINA. 

Dbcembbr,  1903. 
[Translation.] 

Ar'Tigl.e  I.  This  Board  having,  in  obedience  to  an  imperial  edict, 
taken  over  the  direction  of  railway  and  mining  affairs,  which  is  a 
matter  of  record,  besides  issuing  special  mining  regulations,  hereby 
give  notice  that  all  records,  concerned  with  railway  concessions 
already  made,  have  been  transferred  to  this  Board  by  the  General 
Bureau  of  Railways  and  Mines,  and  all  applicants  for  railway  conces- 
sions, not  yet  granted,  are  required  to  await  the  approval  or  dis- 
approval of  this  Board. 

Art.  II.  No  matter  whether  Chinese  or  foreigner,  official  or  mer- 
chant, all  applicants  for  railway  concessions  must  proceed  in  accord- 
ance with  the  regulations  proposed  by  this  Board  and  sanctioned  by 
the  Throne.  No  appeal  will  be  allowed  to  regulations  heretofore 
adopted  by  various  provincial  authorities  and  which  are  not  in  har- 
mony with  the  present  regulations.  Moreover,  after  the  concession 
shall  have  been  approved  by  this  Board  there  must  be  a  careful  observ- 
ance of  the  company  laws,  submitted  in  a  memorial  by  this  Board  and 
sanctioned  by  the  Throne;  there  must  be  no  disobedience. 

Art.  III.  When  the  officials  or  merchants  of  any  Province  shall 
have  accumulated  capital  stock  and  asked  for  a  concession  for  either  a 
main  line  or  a  branch  line  of  railway  in  any  Province,  they  must  prepare 
a  map  in  explanation  and  state  clearly  the  real  amount  of  their  capital, 
giving  the  exact  details,  both  being  submitted  with  their  petition. 
They  shall  then  wait  until  this  Board  shall  have  communicated  with 
the  local  official  of  the  district  to  which  they  belong,  who  shall  carefully 
investigate  the  circumstances  of  the  applicants,  whether  or  not  they 
are  reliable  persons  and  whether  or  not  they  are  men  of  property,  as 
well  as  whether  or  not  they  are  violating  these  regulations.  When  a 
reply  shall  have  been  received  this  Board  shall  then  determine  whether 
to  approve  or  disapprove  the  application. 

Art.  IV.  When  a  line  of  any  railway  shall  have  been  surveyed  and 
agreed  upon,  the  local  officials  must  first  notify  the  people,  so  as  to 

383 


384     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

prevent  any  intentional  obstruction.  As  to  the  purchase  of  the  ground 
by  the  company,  the  local  officials  must  fix  a  fair  price;  they  must  not 
allow  any  raising  of  the  price.  As  to  the  taxes  due,  the  company 
must  agree  to  pay  them  from  year  to  year;  no  neglect  shall  be  allowed. 
Whenever  any  cottages  or  graves  are  found  in  the  line  of  the  railway, 
if  they  can  be  avoided  by  a  curve,  steps  must  be  taken  to  do  so,  in 
order  to  satisfy  popular  sentiment.  If  it  shall  be  very  difficult  for 
the  railway  to  go  around  them,  the  local  officials  shall  decide  what 
payment  shall  be  made  for  them,  so  as  to  prevent  contention  and 
obstruction. 

Art.  V.  When  Chinese  merchants  apply  for  a  railway  concession, 
if  there  be  any  foreign  shareholder,  application  must  not  only  be 
made  to  this  Board,  but  to  the  Board  of  Foreign  Affairs  as  well,  that 
said  Board  may  investigate  and  consider  the  matter.  If  foreign  mer- 
chants shall  apply  for  a  concession  in  their  own  names,  they  must  not 
only  file  a  petition  with  the  Board  of  Foreign  Affairs  and  await  its  reply, 
but  also  petition  this  Board  that  we  may  investigate  and  give  a  decision. 

No  matter  whether  the  foreign  merchants  desire  to  undertake  the 
work  themselves  or  simply  to  supplement  the  capital  stock  (of  a 
Chinese  company),  they  must  agree  to  uniformly  observe  these  regu- 
lations now  issued ;  there  must  be  no  infraction  of  them. 

Art.  VI.  In  accumulating  capital  it  is  important,  as  a  rule,  that  the 
Chinese  owned  [shares]  should  be  in  the  majority.  If  there  be  no 
alternative  but  to  supplement  with  foreign  capital,  then  the  amount  of 
the  foreign-owned  shares  should  not,  at  most,  be  more  than  equal  to 
the  amount  of  the  Chinese-owned  shares. 

When  the  petition  is  presented  the  exact  amount  of  the  foreign- 
owned  shares  must  be  stated;  there  must  be  no  concealment  or  decep- 
tion. It  will  not  be  permitted  at  all  to  borrow  foreign  capital  in 
addition  to  that  obtained  by  foreign-owned  supplementary  shares. 
This  prohibition  is  to  prevent  deception  and  insure  sincerity.  Should 
there  be  any  deception  practiced  in  securing  a  concession,  immediately 
upon  the  discovery  of  the  facts  the  concession  will  be  canceled. 

Art.  VII.  Even  if  foreigners  apply  for  railway  concessions  in  any 
of  the  Provinces  and  they  are  granted,  it  is  no  more  than  just  that 
Chinese  merchants  themselves  should  obtain  reasonable  advantage 
therefrom;  hereafter,  therefore,  whenever  foreigners  make  applica- 
tion for  a  concession,  no  matter  what  may  be  the  amount  of  the  capital 
stock,  they  must  reserve  36  per  cent  of  the  shares  and  allow  Chinese 
opportunity  to  purchase  these  shares  at  the  original  price. 

Art.  VIII.  No  matter  whether  it  be  a  Chinese  company  aided  by 
foreign  capital  or  a  foreign  company  aided  by  Chinese  capital,  in  every 
case  the  local  authorities  must  give  equal  protection.  But  they  must 
not  interfere  with  the  authorit}'^  of  the  company  to  manage  its  own 
affairs.     Should  the  company  meet  with  losses  the  matter  must  be 


TREATIES  AND  CONVENTIONS  WITF.  CHINA  AND  KOREA.      385 

dealt  with  strictly  in  accordance  with  the  Imperial  Statutes  of  China; 
according  to  precedent  the  Imperial  Government  is  not  required  to 
indemnify. 

Art.  IX.  Should  any  Chinese  apply  for  a  railway  concession  and 
himself  furnish  the  capital  therefor,  amounting  to  more  than  500,000 
taels,  on  the  successful  completion  of  the  railway  this  Board  will  make 
a  special  petition  in  his  behalf  for  an  edict  conferring  extraordinary 
reward  as  an  encouragement.  Should  he  gather  together  Chinese 
shareholders  and  raise  in  this  way  capital  to  the  amount  of  more  than 
600,000  taels,.  then  on  the  completion  of  the  work  being  reported  this 
Board  will  take  action  in  accordance  with  Article  XII  of  the  regula- 
tions as  to  reward  submitted  in  a  memorial  by  this  Board  and  sane- 
tioned  by  the  Throne. 

Art.  X.  When  Chinese  make  application  for  a  railway  concession 
they  must  first  estimate  the  entire  amount  of  capital  needed  for  the 
completion  of  the  road  so  as  to  determine  the  number  and  amount  of 
shares  to  be  raised,  and  after  the  work  has  begun,  if  a  greater  sum 
has  to  be  expended  on  account  of  the  difficulties  of  the  work,  and  the 
estimate  made  at  the  time  of  gathering  shares  does  not  meet  the 
requirements,  and  the  capital  thus  prove  insufficient  and  there  be  no 
way  to  add  further  shares  of  capital,  then  the  said  company  ought  to 
be  permitted  to  borrow  foreign  money  by  mortgaging  machinery  and 
buildings;  in  no  case  will  it  be  permitted  to  mortgage  lands.  But  the 
total  amount  of  money  thus  borrowed  may  not  in  any  case  exceed 
three-tenths  of  the  original  estimate,  and  it  will  be  necessary  before- 
hand to  send  a  petition  to  this  Board  stating  clearly  the  real  amount 
of  money  to  be  borrowed.  The  merchants  concerned  will  borrow  and 
repay ;  in  no  case  will  the  Imperial  Government  assume  any  responsi- 
bility. Only  after  this  Board  shall  have  considered  and  approved  the 
proposal  will  it  be  permitted  to  negotiate  the  loan.  A  copy  of  the 
contract  for  the  loan  must  be  filed  with  this  Board. 

Art.  XI.  If  the  shares  of  capital  accumulated  are  all  Chinese  owned, 
and  if,  after  the  work  on  the  road  for  which  application  was  made  has 
been  all  completed,  the  company  shall  ipply  for  the  construction  of 
some  other  road  in  addition,  and  if  the  capital  originally  raised  shall 
really  have  been  already  entirely  exhausted,  and  they  shall  propose  to 
borrow  foreign  money  in  addition  to  supplying  the  means  for  the 
extension  of  their  entei*prise,  it  will  be  necessary  to  prepare  a  petition 
and  submit  the  same  to  this  Board  and  await  until  it  shall  have  con- 
sidered the  aspects  of  the  case  and  either  approved  or  disapproved. 

Art.  XII.  Hereafter  if  any  Chinese  applying  for  a  railway  conces- 
sion shall  enter  into  a  secret  contract  with  foreigners  to  borrow  foreign 
money — mortgaging  the  road  applied  for  as  security — and  shall  for 
the  time  obtain  the  concession  under  false  representations,  or  if  after 
27938—04 2b 


886     TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

the  work  shall  have  been  commenced  they  shall  clandestinely  sell  the 
concession  to  others,  then  as  soon  as  this  Board  shall  learn  of  these 
facts  and  investigate  the  affair,  or  if  the  local  Viceroy  or  Governor 
shall  discover  the  same,  not  only  will  the  road  (so  far  as  constructed) 
be  confiscated  and  the  concession  canceled,  but  it  will  be  further 
necessary  to  investigate  the  circumstances  of  the  case,  and  according 
to  the  gravity  of  the  offense  to  decide  upon  some  form  of  punishment. 

Art.  XIII.  All  persons  who  may  obtain  a  railway  concession  from 
this  Board,  no  matter  whether  Chinese  or  foreigner,  must  within  six 
months  after  the  granting  of  the  concession  survey  the  road,  and 
within  six  months  after  the  completion  of  the  survey  must  commence 
the  work  of  construction.  The  gauge  of  the  road  must  be  exactly  4 
feet  8i  inches  English  measurement,  the  same  as  that  of  the  roads 
now  in  operation;  moreover,  the  date  of  commencing  the  work  must 
be  reported  to  this  Board.  If  the  limit  of  time  shall  be  exceeded  and 
no  report  be  made,  the  concession  shall  be  canceled,  so  as  to  prevent 
the  occurence  of  such  evils  as  the  pretense  of  raising  shares  of  capital 
and  using  this  as  a  pretext  for  swindling  operations.  If  there  should 
really  any  extraordinary  circumstances  arise,  report  must  first  be 
made  to  this  Board,  which  will  make  investigation  and  if  it  be  found 
that  there  has  really  been  no  deception  then  the  matter  of  extending 
the  time  may  be  taken  into  consideration. 

Art.  XIV.  If  at  any  place  in  any  of  the  Provinces  where  railways 
are  in  construction  landowners  shall  raise  the  price  of  land,  thus 
hindering  or  causing  trouble,  or  if  workmen,  depending  upon  num- 
bers, shall  constitute  a  boycott  (i.  ^.,  probably  in  order  to  secure 
unreasonable  wages),  it  will  be  permitted  the  company  to  make  a  clear 
report  of  the  matter  to  the  local  authorities,  who  shall  issue  a  strict 
proclamation,  suppress  the  disturbance,  and  prohibit,  under  severe 
penalties,  all  extortionate  practices  of  yamSn  underlings.  It  must  be 
known  that  railways  are  the  foimdation  of  commercial  prosperity  and 
profitable  transportation,  as  well  as  an  important  enterprise  of  the 
Imperial  Government.  If  the  said  local  officials  prove  unable  to  give 
protection  and  evade  their  responsibilities,  on  investigation,  if  the 
facts  be  as  reported,  they  shall  be  impeached  and  dismissed. 

Art.  XV.  At  present  such  experts  as  are  needed  in  surveying  for 
railways,  estimating  their  cost,  and  superintending  the  construction 
are  few  in  China,  and  it  becomes  necessary  to  permit  the  companies 
to  engage  foreign  officers,  and  the  local  authorities  of  the  plac»es 
through  which  they  may  pass  or  where  they  are  temporarily  residing 
must  use  extra  care  in  giving  them  protection;  they  must  not  allow 
the  least  unforeseen  danger  to  arise.  If  the  said  foreign  officers  are 
themselves  unmindful  of  the  proprieties  and  set  social  restraints  at 
defiance,  it  is  permitted  the  local  authorities  to  notify  the  company  so 
that  they  may  be  discharged.     They  must  not  be  screened  and  pro- 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      387 

tected  improperly  by  being  transferred  to  some  other  road  to  be 
employed.  If  their  faults  be  serious  it  is  permitted  to  report  them  to 
this  Board,  which  shall  transmit  the  complaint  to  the  various  Consuls 
concerned.     They  shall  not  be  allowed  to  travel  or  reside  in  China. 

Art.  XVI.  No  matter  whether  Chinese  or  foreigners  may  apply  to 
Viceroys  and  Governors  of  Provinces  for  railway  concessions,  it  will 
be  necessary  for  the  said  Viceroys  and  Governors  to  make  a  careful 
investigation  as  to  whether  or  not  the  proposed  road  will  be  really  of 
advantage  to  Chinese  commerce  or  transportation,  and  whether  or  not 
there  ma}^  be  any  violation  of  these  present  regulations  involved  in 
the  matter.  As  soon  as  they  shall  report,  this  Board  will  take  the 
matter  into  consideration  and  deal  with  it. 

Art.  XVII.  If  a  company  shall  get  into  a  quarrel,  or  there  arise 
any  other  diflSculty  affecting  the  interests  of  the  company,  if  it  be  a 
Chinese  one  the  nearest  local  official  may  try  and  decide  the  case 
fairly,  thus  preventing  injustice  to  either  party.  If  the  judgment 
given  does  not  satisfy,  it  will  be  pennitted  to  appeal  to  this  Board, 
which  will  consider  the  case  and  deal  with  it  so  as  to  give  due  protec- 
tion. Should  trouble  arise  between  Chinese  and  foreign  merchants, 
each  of  the  two  parties  ought  to  nominate  a  man  to  discuss  and  decide 
it.  If  the  two  arbitrators  can  not  agree  in  their  opinions,  they  may 
together  nominate  a  third  just  and  upright  man,  no  matter  whether 
connected  with  the  railway  or  an  outsider,  and  these  together  may 
effect  a  settlement.  The  Governments  of  the  two  nationalities  shall 
not  concern  themselves  with  the  case. 

Art.  XVIII.  Railways  and  mines  are  two  separate  concerns  and 
each  should  be  managed  in  accordance  with  its  own  regulations. 
Those  who  apply  for  railway  concessions  must  not  demand  the  right 
to  work  mines  in  connection  with  them.  Formerly,  railway  com- 
panies had  regulations  for  working  mines  along  their  lines.  It  will 
not  be  permitted  hereafter  to  quote  this  as  a  precedent.  If  there  be 
no  place  near  from  which  to  obtain  a  supply  of  coal,  and  this  causes 
the  company  so  much  trouble  that  it  seems  likely  to  suffer  loss,  they 
ought,  as  occasion  may  require,  to  petition  this  Board,  making  a 
clear  statement  of  the  circumstances  and  await  our  investigation  and 
approval  or  disapproval.  If  the  application  be  disapproved,  they  may 
not  thereafter  present  any  further  petition  upon  the  subject.  This 
is  to  prevent  confusion,. 

Art.  XIX.  Formerly,  the  General  Bureau  of  Mines  and  Railways 
decided  upon  a  form  for  making  reports.  These  forms  will  still  be 
furnished  by  this  Board  to  each  company,  which  shall  at  the  end  of 
each  year  carefully  fill  in  all  the  details  required  and  present  the  same 
to  this  Board  for  its  inspection  and  to  be  placed  on  file. 

Art.  XX.  When  application  has  been  made  for  a  railway  conces- 
sion and  the  same  has  been  granted,  the  company  may  at  once  draw 


888     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

up  a  contract.  If  there  should  be  some  items  not  fully  settled,  con- 
cerning which  provisions  ought  to  be  made  in  the  contract,  it  will  be 
permitted  to  consider  them  and  insert  such  provisions,  but  nothing 
must  be  inserted  which  will  conflict  with  these  regulations.  When 
the  contract  is  arranged  a  copy  must  be  made  and  presented  to  this 
Board  for  its  considemtion  and  approval.  Only  after  this  is  done 
may  it  be  signed.  After  the  work  has  been  completed,  should  there 
be  places  where  it  is  necessary  to  establish  custom-houses,  this  Board 
will  consult  with  the  Board  of  Revenue  as  to  their  location  and  take 
appropriate  action. 

Art.  XXI.  Whenever  Chinese  or  foreign  merchants  are  operating 
railways,  should  military  matters  require  the  Chinese  Imperial  Gov- 
ernment to  transport  troops,  rations,  pay,  weapons,  or  any  supplies 
necessary  to  the  camp,  they  shall  be  given  the  right  of  way  and  trans- 
ported at  half  rates. 

Art.  XXIL  When  a  railway  is  under  construction  or  after  the 
railway  shall  have  been  completed,  should  it  be  necessary  to  employ 
police,  it  will  be  permitted  to  use  one  or  two  Chinese  to  each  li  of 
railway,  but  they  will  not  be  allowed  to  bear  arms.  If  it  should  be 
necessary  to  use  soldiers  to  guard  the  I'ailway,  a  petition  to  that  effect 
must  first  be  presented  and  this  Board  will  consult  with  the  Tartar 
Generals,  Viceroys,  and  Governors  of  the  Provinces  concerned  as  to 
sending  such  troops;  the  company  must  not  act  upon  its  own  authority. 
Provisions  and  pay  for  such  troops  must  be  supplied  by  the  railway. 

Art.  XXIII.  Railways  and  post-offices  are  of  mutual  assistance. 
All  who  operate  railways  ought  to  carry  the  mail  bags  of  the  Imperial 
Post-Office.  The  detailed  regulations  as  to  this  matter  will  be  drawn 
up  at  the  proper  time. 

Art.  XXIV.  The  foregoing  articles  are  the  regulations  in  general 
for  the  construction  and  operation  of  railways.  Matters  not  definitely 
decided  therein  may  be  set  forth  in  detail  at  the  time  when  concessions 
are  granted  and  contracts  are  drawn  up. 


No.  58. 

BELGIUM. 

CONTRACT  FOR  BUILDING  A  RAILWAY  FROM  KAI-FENG  FU  TO 

HO-NAN  FU. 

Signed  at  Shanghai, 1904. 

[Trauslatlon.] 

Between  the  Undersigned: 

1**  The  Imperial  Chinese  Railway  Company,  represented  by  H.  E. 
Sheng  Kung  Pao,  Director  General,  duly  authorized  by  the  Chinese 
Government, 

2**  La  Compagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways  en 
Chine,  represented  by  Monsieur  Armand  fiouffart,  its  delegated 
Administrator,  provided  with  full  powers. 

It  HAS  BEEN  AGREED  AS  FOLLOWS: 

Article  I. 

The  Director  General  of  the  Imperial  Chinese  Railway  Company 
H.  E.  Sheng  Kung  Pao  has  asked,  in  a  report,  the  Chinese  Govern- 
ment that  a  line  of  railXvay  should  be  built  starting  from  a  point  called 
Yung  Tse  on  the  Railway  line  of  the  Luhan  where  the  latter  crosses 
the  River.  From  that  point  eastward  to  Kai-feng  the  line  will  be  170 
li  long  and  westward  to  Ho-nan  Fu  it  will  cover  250  li.  These  two 
branches  of  the  Luhan  to  be  built  by  a  Belgian  party  (groupe)  which 
will  make  a  Loan  to  build  them. 

This  proposal  was  accepted  by  a  decree  dated  the  30th  day  of  the 
10th  moon  of  25th  year  of  the  present  reign. 

Monsieur  Rouffart,  the  representative  of  La  Compagnie  Gen^rale  de 
Chemins  de  Fer  et  de  Tramways  en  Chine,  has  asked  us  by  letter,  to 
undertake  this  building,  and  we  sent  a  Chinese  official  to  accompany 
him  in  his  preliminary  study  on  the  ground.  After  said  study,  Mon- 
sieur Roujffart  estimated  the  probable  cost  of  these  two  branches  at 
One  Million  Pounds  Sterling  or  25,000,000  francs;  and  for  all  other 
terms  the  contract  from  Peking  to  Hankow  are  to  be  followed. 

Under  date  of  the  29th  day  of  the  12th  moon  of  the  28th  year  of  the 
present  reign,  the  Wai-wu  Pu  wrote  to  me  that  I  was  to  discuss  the 

389 


890     TEEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

terms  of  the  contract  with  Monsieur  Kouffart,  and  it  asked  me  to  settle 
the  matter  as  promptly  as  possible. 

Considering  that  Monsieur  Rouffart  has  full  powers  from  the  Com- 
pagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways  en  Chine  to 
negotiate  this  business  for  it,  we,  Director  General  of  the  Imperial 
Chinese  Kailway  Company,  and  Monsieur  Aiinand  Rouffart  repre- 
senting the  Compagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways 
en  Chine,  hereby  enter  into  a  contract  for  a  loan,  the  product  of  which 
shall  be  applied  to  the  building  of  the  Railway  from  Ho-nan  Fu  to 
Kai-feng  Fu. 

Before  signing  the  contract,  the  Director  General  of  the  Imperial 
Chinese  Railway  Company  has  submitted  said  contract  for  Imperial 
Sanction,  and  it  has  been  approved  under  date  of . 

This  Decree  shall  form  Annex  1  of  the  present  contract.  In  vir- 
tue of  the  above  the  Director  General,  on  account  of  the  Chinese 
Government,  makes  a  Gold  6%  Loan  for  the  sum  of  25,000,000  francs 
or  1,000,000  pounds  sterling.  This  Loan  shall  be  known  as  the  Chin- 
ese Government  5%  Gold  Foreign  1903  Loan  {Emprunt  du  Gouver- 
nement  Chinois  5%  or  Exterieur  1903). 

'  Article  II. 

This  loan  shall  be  represented  by  50,000  bonds  of  500  francs  Gold 
each. 

These  bonds,  the  text  of  which  is  annexed  to  the  present  contract 
(Annex  2),  shall  be  signed  in  the  name  of  the  Chinese  Government  by 
the  Minister  Plenipotentiary  of  China  at  Brussels. 

They  shall  be  delivered  in  fractional  bonds  {coupons)  of  1  to*2  bonds 
in  such  proportion  as  the  Compagnie  G^n^rale'de  Chemins  de  Fer  et 
de  Tramways  en  Chine  may  request,  the  total  number  not  to  exceed 
50,000;  the  expense  of  making  these  bonds  shall  be  charged  to  the  Com- 
pagnie G^n^rale  de  Chemins  de  Fer  et  de  Tramways  en  Chine.  They 
shall  bear  5%  interest  a  year  on  the  nominal  capital  payable  in  gold. 

Interest  shall  run  from  the  date  of  payment  of  the  product  (of  the 
sale)  of  the  bonds,  and  shall  be  payable  the  1st  January  and  1st  July 
of  each  year. 

Coupons  which  have  become  due  and  have  been  paid,  shall  be  classed 
in  numeric  order  by  the  Compagnie  G6n6rale  de  Chemins  de  Fer  et 
de  Tramways  en  Chine,  and  at  its  expense,  and  it  shall  then  send  them 
to  the  Imperial  Chinese  Railway  Company  at  Shanghai  to  be  cancelled. 
If  the  returned  coupons  are  lost  in  transmission,  the  Compagnie 
G^n^rale  de  Chemins  de  Fer  et  de  Tramways  en  Chine  must  publish 
the  numbers  of  the  paid  and  lost  coupons  in  four  different  newspapers, 
and  transmit  to  the  Imperial  Chinese  Railway  Company  a  declaration 
stating  the  loss. 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      891 
Abticle  III. 

The  loan  shall  be  redeemed  in  twenty  years  counted  from  the  10th 
year  of  issue,  by  the  method  of  drawing  by  lots  in  the  offices  of  the 
Compagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways  en  Chine,  in 
accordance  with  the  table  annexed  to  the  present  contract  (Annex  3). 
The  drawings  by  lots  shall  take  place  on  the  third  Wednesday  of  April 
in  each  year.  The  first  drawing  shall  take  place  on  that  date  beginning 
with  the  tenth  year  from  the  date  of  issue  of  the  loan. 

The  numbers  of  the  drawn  bonds  shall  be  published  in  four  news- 
papers at  the  expense  of  the  Compagnie  G^n^rale  de  Chemins  de  Fer 
et  de  Tramways  en  Chine. 

Article  IV. 

The  bonds  drawn  by  lots  shall  be  paid  in  gold  at  their  par  value  on  the 
date  on  which  falls  due  the  coupons  following  the  date  of  the  drawing. 
Bonds  presented  for  refunding  must  have  attached  all  coupons  still 
unpaid,  and  the  amount  of  missing  coupons  will  be  deducted  from  the 
capital  to  be  reimbursed.  Interest  on  bonds  will  cease  to  accrue  from 
the  day  set  for  reimbursement.  Paid  off  bonds  shall  be  classified 
and  sent  back  by  and  at  the  expense  of  the  Compagnie  G^n^rale  de 
Chemins  de  Fer  et  de  Tramways  en  Chine  to  the  Imperial  Chinese  Rail- 
way Company  at  Shanghai  to  be  cancelled.  If  these  bonds  should  be 
lost  on  the  way,  the  Compagnie  G^n^rale  de  Chemins  de  Fer  et  de 
Tramways  en  Chine,  shall  publish  the  numbers  of  the  paid  and  lost 
bonds  in  four  different  newspapers,  and  transmit  to  the  Imperial 
Chinese  Railway  Company  a  declaration  stating  the  loss. 

Article  V. 

The  Chinese  Government  denies  itself  the  right,  before  the  date  fixed 
for  the  first  amortization,  to  fix  a  larger  amortization,  or  to  refund 
the  whole  loan  or  to  convert  it.  After  that  date  it  shall  be  free  to 
refund  the  loan  at  whatsoever  time  it  chooses  before  the  dates  of  pay- 
ment, and  the  refunding  made  all  contracts  shall  be  declared  annulled. 

Article  VI.    . 

Coupons  and  bonds  shall  be  paid  off  in  francs'  in  the  office  or  offices 
entrusted  with  the  management  of  the  loan. 

Article  VII. 

Interest  payment  and  the  reimbursement  of  the  bonds  provided  for 
in  the  present  loan  shall  be  guaranteed  by  the  gross  revenues  of  the 
Imperial  Chinese  Government. 

Furthermore  in  virtue  of  the  authorization  already  granted  by  the 
Chinese  Government,  and  in  accord  with  it,  the  Imperial  Chinese 


892     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Railway  Company,  declares  that  it  makes  a  preferential  assignment  in 
favor  of  the  payment  of  interest  and  of  the  capital  of  the  present  loan, 
and  that  it  cedes  and  assigns  in  favor  of  said  obligations,  all  the  net 
receipts  of  the  line  from  Kai-feng  Fu  to  Ho-nan  Fu,  after  the  regular 
payment  of  all  expenses  of  management  and  operating,  the  whole  as 
elsewhere  indicated  in  an  operating  treaty  concluded  between  the 
Imperial  Chinese  Bailway  Company  and  the  Compagnie  G^n^rale  de 
Chemins  de  Fer  et  de  Tramways  en  Chine,  said  treaty  being  annexed 
to  and  forming  an  integral  part  of  the  present  contract.  This  assign- 
ment is  made  exclusively  and  irrevocably  until  complete  redemption 
of  the  bonds  of  the  present  contract. 

Article  VIII. 

After  auditing  and  noting  the  net  receipts,  the  Imperial  Chinese 
Railway  Company  shall  direct  the  Compagnie  G^n^rale  de  Chemins  de 
Fer  et  de  Tramways  en  Chine  to  deposit  these  funds  in  a  bank  to  be 
chosen  by  common  consent.  This  bank  shall  convert  into  gold,  in 
accordance  with  the  provisions  stipulated  in  the  contract  made  between 
the  Bank,  the  Imperial  Chinese  Railway  Company  and  the  Compagnie 
G^nerale  de  Chemins  de  Fer  et  de  Tramways  en  Chine,  and  to  the 
best  advantage  of  the  Imperial  Chinese  Railway  Company,  the  sums 
paid  it,  and  up  to  the  full  amount  needed  to  insure  the  service  of  the 
loan  at  the  next  semi-annual  payment. 

These  deposits  shall  continue  to  be  made  until  the  sum  needed  for 
the  integral  service  of  the  loan  on  the  following  date  of  payment  has 
"been  realized  in  gold,  and  in  such  manner  that  said  service  is  insured 
at  least  three  months  before  the  date  of  the  semi-annual  payment. 

The  bank  designated  for  the  receipt  of  these  sums  shall  use  them  to 
the  best  advantage  of  the  Imperial  Chinese  Railwa}'^  Company.  The 
account  in  which  these  sums  shall  be  carried  shall  be  charged  twenty 
days  before  the  date  of  payment  with  the  sums  needed  for  the  service 
of  the  loan,  interest,  amortization,  money  expenses,  difference  of 
exchange  and  the  commissions  provided  for  by  the  present  contract. 

Article  IX. 

The  bank  in  which  shall  be  deposited  the  loan  funds  shall  have  the 
right  without  further  authorization  to  levy  on  said  funds  on  deposit 
the  amount  of  the  coupons  to  be  paid  during  the  construction  period; 
but  it  shall  advise  the  Director  General  as  these  payments  are  made. 

Article  X. 

To  insure  the  guarantee  just  given  to  the  bonds  of  the  present  con- 
tract, the  Imperial  Chinese  Railway  Company  grants  these  bonds  a 
special  first-class  guarantee  on  the  Railway  from  Kai-feng  Fu  to  Ho-nan 
Fu,  on  its  fixed  and  rolling  stock  and  its  receipts. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      393 

This  special  assignment  is  accepted  in  the  name  of  the  bondholders 
by  the  CJompagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways  en 
Chine.  In  case  of  non-fulfillment  of  the  obligations  assumed  by  the 
Imperial  Chinese  Railway  Company  in  the  present  contract,  the  Com- 
pagnie  G6n^rale  de  Chemins  de  Fer  et  de  Tramways  en  Chine  shall 
have  full  power  to  take  such  action  against  said  property  as  may  result 
from  this  special  assignment,  and  in  that  case,  the  provisions  of  the 
operating  treaty  hereto  annexed,  must  always  be  strictly  observed. 

Article  XL 

The  preceding  provisions  do  not  conflict  with  the  personal  responsi- 
bility of  the  Chinese  Government  concerning  the  present  loan,  as  said 
responsibility  is  specified  in  Article  VII. 

Consequently  the  Imperial  Chinese  Government  pledges  itself  to 
make  up  the  sum  necessary  for  the  service  of  the  loan  in  gold,  in 
case  the  sums  derived  from  the  net  revenues  of  the  line  from  Kai-f eng 
Fu  to  Ilo-nan  Fu  and  paid  in  by  the  Compagnie  G^n^rale  de  Chemins 
de  Fer  et  de  Tramways  en  Chine,  entrusted  with  this  management  by 
the  Imperial  Chinese  Railway  Company,  to  the  bank  chosen,  should  not 
produce  after  conversion  into  gold  and  three  months  before  the  date 
of  the  following  semi-annual  payment,  an  amount  sufficient  to  insure 
said  service. 

In  this  case,  and  on  demand  made  it,  the  Imperial  Chinese  Govern- 
ment shall  be  bound  to  put  at  the  disposal  of  the  Compagnie  G^n^i*ale 
de  Chemins  de  Fer  et  de  Tramways  en  Chine  sixty  days  before  the 
following  semi-annual  payment  falls  due,  in  gold  or  in  securities  of 
sufficient  amount  to  produce  it  in  gold,  the  sum  stated  to  it  as  being 
needed  to  make  up  said  service. 

Article  XII. 

From  the  sums  derived  from  the  deposits  by  the  Compagnie  G^n^- 
rale  de  Chemins  de  Fer  et  de  Tramways  en  Chine,  entrusted  with  that 
duty  by  the  Imperial  Chinese  Railway  Company,  or  from  the  supple- 
mentary sums  paid  by  the  Chinese  Government,  the  Compagnie 
Gfin^rale  de  Chemins  de  Fer  et  de  Tramways  en  Chine  shall,  in  proper 
season,  place  at  the  disposal  of  the  firms  entrusted  with  the  manage- 
ment of  the  loan,  the  amounts  necessary  therefor  according  to  the 
needs  as  determined  during  the  preceding  half  year. 

Article  XIII. 

The  Imperial  Chinese  Government  will  pay  to  the  firms  entrusted 
with  the  management  of  the  loan,  a  commission  of  i  %  that  is  to  say 
26  francs  for  10,000  francs  on  the  amount  of  the  coupons  paid,  and  a 
commission  of  i  %  on  the  amount  of  bonds  drawn  by  lots  or  redeemed 


394     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

under  anticipated  refundings.  The  amount  of  this  allowance  shall  be 
settled  every  six  months;  and,  in  case  of  insufficiency,  it  will  be  paid 
at  once  by  the  Imperial  Chinese  Government. 

Article  XIV. 

The  Imperial  Chinese  Government  binds  itself  to  respect  and  cause 
to  be  respected  the  privilege  provided  for  in  favor  of  the  bonds  under 
Article  IX  of  the  present  conventions,  and  to  hold  free  of  all  Chinese 
taxation  whatsoever  the  bonds  and  coupons  as  well  as  all  operations 
whatsoever  connected  with  the  management  {service)  of  the  loan.  The 
preceding  (provision)  concerns  the  bonds  and  coupons  of  the  loan  and 
the  operations  relating  to  the  management  of  the  loan,  and  which 
shall  be  exempt  from  all  taxation.  But  the  taxes  now  in  force  in 
China  such  as  land  rent  and  the  taxes  which  the  Chinese  Government 
may  impose  hereafter,  such  as  a  stamp  tax  levied  on  the  general  com- 
merce of  China,  the  Railway  provided  for  in  the  present  contract  and 
its  traffic  shall  bear  them.  It  being  understood  that  no  exceptional 
law  shall  be  passed  for  the  Railway  in  question,  and  that  the  rule  which 
shall  be  applied  to  it  shall  be  that  of  all  Chinese  Railways. 

Article  XV. 

Coupons  which  have  not  been  presented  for  cashing  within  five  years 
after  the  date  on  which  they  fall  due,  shall  be  lost  by  limitation 
{preterits)  in  favor  of  the  Imperial  Chinese  Government.  The  limit 
of  time  shall  be  of  30  yeai's  in  case  of  redeemed  bonds. 

On  tlie  death  of  an}"  bondholder  of  the  present  loan,  the  bonds  shall 
be  transferred  and  shall  belong  to  the  heirs,  in  conformity  with  the 
inheritance  laws  in  force  in  the  country  of  the  bondholder. 

Payment  of  coupons  and  refunding  of  bonds  shall  take  place  in  time 
of  peace  and  in  time  of  war  to  the  holders  whether  they  be  subjects  of 
friendly  states  or  of  hostile  ones.  In  case  of  loss,  theft  or  destruction 
of  bonds  of  the  present  loan,  the  Imperial  Chinese  Government  will 
authorize  the  Compagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways 
en  Chine  to  replace  the  bonds  by  new  ones  at  its  own  expense,  when- 
ever it  shall  have  satisfactory  evidence  of  the  loss  or  destruction  of 
the  bonds  and  title  deeds  {des  tUrea  et  dea  droits)  of  the  claimants. 

Article  XVI. 

The  Imperial  Chinese  Government  through  its  representatives,  shall 
at  once  take  steps  and  shall  furnish  the  necessary  documents  to  secure 
the  official  listing  (of  the  bonds)  in  the  Boui'ses  of  the  capitals  of  Europe. 

Article  XVII. 

The  whole  amount  of  the  present  loan  amounting  to  twenty  five 
millions  of  francs,  represented  by  500,000  bonds  of  500  francs  each, 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      395 

possession  to  be  had  from  the  date  of  payment,  is  bought  outright 
{j}ri8  ferme)  by  the  Compagnie  G^n^rale  de  Chemins  de  Fer  et  de 
Tramways  en  Chine,  at  the  price  of  90%,  that  is  for  the  sum  of  twenty 
two  millions  five  hundred  thousand  francs. 

If  on  the  date  of  issue,  the  bonds  for  the  loan  for  the  Hankow-Peking 
Railway  should  be  quoted  below  482.50  francs  inclusive  of  the  interest 
payable  {en  tenant  compte  de  la  jouissanx^e)  the  two  contracting  parties 
would  have  the  right  to  cancel  the  present  contract. 

Article  XVIII. 

The  Compagnjp  G^nfirale  de  Chemins  de  Fer  et  de  Tramways  en 
Chine  will  deposit  the  full  amount  of  the  proceeds  of  this  purchase  in 
the  banks  designated  by  it  after  agreement  with  the  Director  General 
of  the  Imperial  Chinese  Railway  Company,  on  delivery  of  the  50,000 
bonds  bought  outright  {achetees  fennes). 

The  sum  needed  for  the  building  of  a  fixed  length  of  line  shall  be 
transferred  to  Shanghai  and  deposited  in  such  bank  as  is  mutually 
agreed  upon. 

This  bank  shall  convert  into  taels  the  sum  in  accordance  with  the 
instructions  of  the  Director  General  of  the  Imperial  Chinese  Railway 
Company.  A  sum  on  the  available  proceeds  of  the  loan,  at  least  ^V'**  of 
the  proceeds  of  the  conversion  into  taels,  shall  be  deposited  in  a  bank 
in  China,  to  be  chosen  by  the  Director  General  of  the  Imperial  Chinese 
Railway  Company,  and  under  his  sole  responsibility,  and  this  deposit 
shall  be  applied  to  expenses  at  such  times  as  the  rates  for  the  conver- 
sion of  European  values  into  taels  may  be  unfavorable.  It  being  well 
understood  that  the  depository  establishments  shall  only  be  required 
to  deliver  these  sums  under  the  conditions  and  limitations  mentioned 
in  Article  20  here  below. 

The  depository  bank  shall  use  the  sums  available  in  the  most  advan- 
tageous manner  for  the  Imperial  Chinese  Railway  Company,  in  the 
same  manner  as  the  available  funds  deposited  in  foreign  banks  shall 
also  be  made  to  produce  interest. 

Article  XIX. 

The  construction  work  for  the  whole  of  the  line  shall  be  under  the 
direction  of  the  chief  engineer  chosen  by  the  Compagnie  G^n^rale  de 
Chemins  de  Fer  et  de  Tramways  en  Chine,  entrusted  with  this  work  by 
the  Imperial  Chinese  Railway  Company  and  for  its  account. 

The  chief  engineer  shall  prepare  all  studies,  plans,  tracings,  esti- 
mates for  the  whole  of  the  line,  he  shall  direct  the  carrying  out  of  all 
works  and  shall  order  the  materials,  tools  and  supplies  necessary  to 
insure  the  regular  working  o*f  the  line.  Nevertheless  all  these  opera- 
tions must  be  submitted  for  the  approval  of  the  Director  General  of 
the  Imperial  Chinese  Railway  Company. 


396     TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

As  the  line  from  Kai-feng  Fu  to  Ho-nan  Fu  is  A  feeder  {conflu^it)  of 
the  Luhan,  the  width  of  the  rails  and  the  general  methods  of  operating 
must  be  the  same  as  on  the  Luhan. 

With  the  exception  of  the  supplies  of  material  and  the  expenses  of 
all  kinds  dul}^  authorized  by  an  act  signed  by  the  Director  General  of 
the  Imperial  Chinese  Railway  Company  and  paid  at  Brussels,  the 
Imperial  Chinese  Railway  Company  shall  place  at  the  disposal  of  the 
Compagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways  en  Chine 
from  the  proceeds  of  the  loan,  the  sums  necessary  to  make,  without  any 
exceptions,  all  necessary  payments  for  the  carrying  out  of  the  works, 
the  salaries  of  the  staff  under  its  orders,  and  in  general,  for  all  expenses 
of  whatsoever  kind.  But  these  payments  must  always  be  previously 
approved  by  the  representatives  of  the  Director  General. 

After  the  signing  of  the  present  contract,  the  Imperial  Chinese 
Railway  Company  directs  the  Compagnie  G^n^rale  de  Chemins  de  Fer 
etde  Tramways  en  Chine  to  choose  an  engineer  with  experience  in  con- 
struction work  who  shall  direct  the  construction  of  the  line  and  pre- 
pare studies,  plans,  tracings,  and  specifications  for  the  whole  line,  and 
the  whole  shall  be  submitted  for  the  approval  of  the  Director  Geneml 
of  the  Imperial  Chinese  Railway  Compan3^  Said  chief  engineer  shall 
be  appointed,  on  recommendation  of  the  Compagnie  G^n^rale  de 
Chemins  de  Fer  et  de  Tramways  en  Chine,  by  the  Director  General 
of  the  Imperial  Chinese  Railway  Company,  to  whom  he  is  directly 
responsible. 

The  Director  General  of  Chinese  Railways  shall  fix  the  amount  of 
his  salary,  after  agreement  with  the  Compagnie  G^n^i^ale  de  Chemins 
de  Fer  et  de  Tramways  en  Chine. 

The  chief  engineer  shall  prepare  a  tabulated  plan  of  the  European 
staff  necessary  for  the  building,  and  shall  submit  it  for  the  approval  of 
the  Director  General  of  the  Imperial  Chinese  Railway  Company. 
This  staff  shall  be  engaged  by  the  Compagnie  G^n^rale  de  Chemins  de 
Fer  et  de  Tramways  en  Chine,  which  shall  put  it  under  the  order  of 
the  chief  engineer. 

As  regards  the  Chinese  staff  whether  technical  or  other,  the  Director 
General  of  the  Imperial  Chinese  Railway  Company  reserves  to  himself 
the  right  to  choose  it,  and  to  put  it  under  the  orders  of  the  chief  engi- 
neer. No  Chinese  or  European  employ^  shall  be  engaged  without  the 
assent  of  the  Director  Genei'al  of  the  Imperial  Chinese  Railway  Com- 
pany. It  is  understood  that  Chinese  subjects  who  have  made  special 
studies  or  who  have  acquired  sufficient  practical  knowledge,  may  be 
presented  by  the  Director  General  of  the  Imperial  Chinese  Railway 
Company  to  the  chief  engineer,  who  shall  employ  them  on  the  works 
under  the  same  conditions  as  European  employes.  As  to  the  technical 
service,  the  Chinese  staff  as  well  as  the  European  staff  shall  be  under 
the  direct  orders  of  the  chief  engineer.     But  the  Director  General 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      397 

reserves  the  right  to  demand  the  instant  dismissal  of  any  agent  of 
whatever  nationality  on  condition  that  the  demand  for  dismissal  is 
based  on  serious  reasons. 

The  Director  General  likewise  reserves  the  right  to  depute  on  the 
works  a  special  Representative  with  full  powers.  The  salary  of  said 
Representative,  as  also  the  running  expenses  of  the  head  office  at 
Shanghai  shall  devolve  on  the  Kai-feng  Fu  to  Ho-nan  Fu  railway 
concern. 

Orders  for  materials,  tools  and  furniture  for  the  construction  of  the 
line  and  for  its  orderly  working,  shall  be  submitted  through  the  chief 
engineer  to  the  Director  General  for  approval. 

Orders  as  well  as  contracts  for  work  shall  be  drawn  up,  after  mutual 
agreement,  by  the  chief  engineer  and  the  representative  of  the  Director 
General. 

Statements  of  the  sums  paid  for  supplies  of  materials  and  expendi- 
tures of  every  description  settled  in  Europe  shall  be  sent  with  all 
vouchers  and  explanator}^  documents  to  the  Imperial  Chinese  Railway 
Company  every  three  months. 

Every  month  the  chief  engineer,  in  agreement  with  the  Imperial 
Chinese  Railway  Company,  shall  request  the  bank  in  which  are  depos- 
ited the  loan  funds,  to  pay  the  amount  necessary  for  the  general 
expenses  of  the  undertaking  during  the  month  following,  to  an  agent 
chosen  by  the  Director  General  of  the  Imperial  Chinese  Railway,  and 
against  receipt  duly  signed  by  the  latter  and  under  the  responsibility 
of  the  Director  General  of  the  Imperial  Chinese  Railway  Company. 
This  agent  shall  not  surrender  any  of  the  funds  except  under  the 
signature  of  both  the  chief  engineer  and  the  representative  of  the 
Director  General. 

The  Compagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways  en 
Chine  shall  not  therefore  be  obliged  to  meet  any  expense  for  the 
building  out  of  its  own  mone3\ 

Said  Company  shall  endeavor  to  finish  the  work  on  the  line  within 
two  years  from  the  date  on  which  the  Railway  from  Hankow  to 
Peking  shall  be  opened  to  traffic  as  far  as  the  Yellow  River,  because 
materials  will  then  be  easily  transported. 

It  is  well  understood  that  the  Imperial  Chinese  Railway  Company 
will  not  pay  the  expenses  of  the  office  in  Brussels,  except  the  necessary 
expenses  for  the  studies,  orders,  receipt  of  materials,  living  of  staflf; 
consequently  the  personal  expenses  of  the  directors,  allowances  {indeni- 
nltes)^  etc.,  will  continue  to  be  chargeable  to  the  Compagnie  G6n6rale 
de  Chenodns  de  Fer  et  de  Tramways  en  Chine. 

Article  XX. 

The  price  paid  for  the  above  mentioned  bonds  being  exclusively 
assigned  to  the  building  of  the  railway  from  Kiii-feng  Fu  to  Ho-nan 
Fu,  the  Compagnie  G6n6rale  de  Chemins  de  Fer  et  de  Tramways  en 


398     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Chine,  or  the  bank  having  received  the  deposits,  would  have  the  right 
not  to  give  up  these  funds  in  case  one  of  the  deposits  should  not  have 
been  applied  as  provided  for,  and  also  in  case  the  delegates  of  the 
Compagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways  en  Chine 
were  not  enabled  by  the  Imperial  Chinese  Railway  Company  to  con- 
tinue the  direction  of  the  construction  works. 

The  balance  on  hand,  if  any  should  exist  after  the  completion  of  the 
works,  shall  be  held  subject  to  the  order  of  the  Imperial  Chinese  Rail- 
way Company.  After  the  completion  of  the  works  and  the  organiza- 
tion of  traffic,  if  the  funds  of  the  issue  should  still  show  a  (credit) 
balance,  said  balance  shall  be  paid  in  full  to  the  Imperial  Chinese  Rail- 
way Company,  who  shall  remit  it  to  the  Chinese  Government 

If  the  loan  provided  for  in  the  present  contract  should  not  be  enough 
to  finish  the  line  or  to  organize  traffic,  the  Compagnie  G^n^rale  de 
Chemins  de  Fer  et  de  Tramways  en  Chine  is  authorized  by  the  present 
(contract)  to  make  a  further  loan  on  the  same  terms  as  in  the  present 
contract  without  being  obliged  to  make  a  new  contract. 

Article  XXI. 

Within  nine  months  following  the  date  of  the  signing  of  the  present 
contract,  the  Compagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways 
en  Chine  shall  buy  outright  from  the  50,000  bonds  a  first  lot  for 
12,600,000  francs  at  the  price  of  90%,  for  the  purpose  of  building  the 
first  portion  of  the  line.  The  balance  of  the  issue,  or  12,500,000 
francs,  for  the  building  of  the  second  section  of  the  line,  shall  be  taken 
at  the  same  price  and  in  one  or  two  installments  by  (public)  subscrip- 
tion or  otherwise.  But  it  remains  well  understood  that  the  expense  of 
issuing  the  loan  falls  on  the  Compagnie  G^n^rale  de  Chemins  de  Fer 
et  de  Tramways  en  Chine. 

If  the  Compagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways  en 
Chine  should  begin  simultaneously  the  building  of  both  sections  of  the 
road  on  either  side  of  the  Luhan  line,  it  shall  have  the  right  to  make 
but  one  issue  for  the  whole  loan. 

Article  XXII. 

Preliminary  studies  of  the  line  after  the  signing  of  the  present  con- 
tract are  at  the  expense  of  the  Imperial  Chinese  Railway  Company, 
and  are  tdbe  provided  for  out  of  the  loan  funds.  Said  studies  of  the 
line  shall  be  provided  for  from  the  revenues  derived  from  the  loan, 
and  they  shall  begin  on  the  section  running  from  Kai-feng  Fu  to  the 
junction  with  the  Hankow-Peking  line.  They  shall  afterwards  be  made 
over  the  other  sections.  From  the  Luhan  junction  to  Ho-nan  Fu 
will  constitute  the  second  section. 

The  proceeds  from  the  first  purchase  of  bonds  shall  be  applied  to 
the  building  of  the  portion  of  line  from  K^i-feng  Fu  to  the  Luhan 
junction. 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      399 

The  preliminary  studies  shall  begin  within  nine  months  from  the 
date  of  signing  the  present  contract. 

The  Compagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways  en 
Chine  shall  deposit  one  million  francs  to  the  order  of  the  Imperial 
Chinese  Railway  Company.  This  sum  is  considered  as  an  advance  on 
the  loan  for  the  Railway  from  Kai-feng  Fu  to  Ho-nan  Fu,  and  is  to 
be  specially  devoted  to  expenses  for  study  of  the  line. 

The  depository  bank  shall  not  surrender  this  sum  except  in  accord- 
ance with  the  provisions  of  Article  XX  of  the  present  contract. 

This  advance  shall  produce  an  annual  6%  interest  without  rate  of 

•issue,^  but  it  shall  be  refunded  with  the  proceeds  of  the  first  sale  of 

12,500,000  francs,  which  must  be  issued  within  nine  months  from  the 

signing  of  the  present  contract;  a  portion  of  the  proceeds  of  this  sale 

will  be  used  to  refund  the  advance  first  made. 

Article  XXIII. 

Should  the  Compagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways 
en  Chine  finish  satisfactorily  the  work  for  the  Railway  from  Kai- 
feng  Fu  to  Ho-nan  Fu,  complying  strictly  with  all  the  provisions  of 
the  present  contract,  and  should  the  Chinese  Government  decide  to 
extend  the  railway  from  Ho-nan  Fu  to  Si-ngan  Fu,  the  Director  Gen- 
eral of  the  Imperial  Chinese  Railway  Company  agrees  to  come  to  an 
understanding  preferably  with  and  to  grant  an  option  for  the  loan 
necessary  for  said  undertaking  to  the  Compagnie  G^n^rale  de  Chemins 
de  Fer  et  de  Tramways  en  Chine,  in  conformity  with  the  provisions 
and  conditions  of  the  present  contract. 

Article  XXIV. 

The  present  contract  shall  only  be  binding  on  the  Compagnie  G^n^- 
rale  de  Chemins  de  Fer  et  de  Tramways  en  Chine  if  it  is  assumed 
that,  exclusive  of  what  may  be  furnished  and  produced  in  China,  and 
bought  at  the  same  prices  as  the  European  product  delivered  in  China, 
the  total  amount  of  materials  and  supplies  necessary  for  the  building 
and  operating  of  the  railway  from  Kai-feng  Fu  to  Ho-nan  Fu  will  be 
asked  of  and  ordered  from  the  Compagnie  G^n^rale  de  Chemins  de 
Fer  et  de  Tramways  en  Chine,  which  will  fill  these  orders  under  the 
best  possible  terms. 

The  carrying  out  of  this  provision  of  this  contract  by  the  Imperial 
Chinese  Railway  Company  will  be  proven  by  the  orders  for  materials 
for  each  of  the  sections  of  line  undertaken. 

Orders  from  the  Compagnie  G^n^rale'  de  Chemins  de  Fer  et  de 
Tramways  en  Chine  will  be  free  from  all  duties  or  from  likin  on 
importation  or  in  transit  across  Chinese  territory. 

ai.  e.,  on  its  par  value,  presumably. 


400      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

If  proof  of  the  granting  of  this  franchise  is  not  forthcoming  before 
the  end  of  the  month  following  the  date  on  which  the  Belgian  Govern- 
ment should  inform  the  Compagnie  G^n^rale  de  Chemins  de  Fer  et  de 
Tramways  en  Chine  that  it  has  received  notification  concerning  Article 
XXVIII,  said  Company  reserves  the  right  not  to  consider  itself  bound. 

It  reserves  the  same  right  if  extraordinary  events  should  take 
place,  such  as  a  war,  or  if  there  were  absolute  impossibility  to  secure 
subscribers  for  the  bonds. 

Should  on  its  side  the  Compagnie  G^n^rale  de  Chemins  de  Fer  et 
de  Tramways  en  Chine  not  fulfil  within  the  given  delays  the  obliga- 
tions it  has  assumed  by  the  present  contract,  it  shall  become  annulled. 
The  Imperial  Chinese  Railway  Company  would  be  at  liberty  to  enter 
into  contract  with  whomsoever  it  chose,  and  to  give  up  the  services  of 
the  chief  engineer. 

It  is  expressly  agreed  that  the  works  and  mines  under  the  control 
of  H.  E.  Sheng  Kung-Pao  shall  have  a  preferential  right  for  all  orders 
necessary  for  the  building  and  operating  of  the  railway  which  is  the 
object  of  the  present  contract.  The  word  preference  applies  to  equality 
of  specifications  and  prices  including  transportation,  as  if  the  orders 
had  to  be  filled  abroad  and  delivered  in  China. 

All  orders  made  in  China  shall  be  free  of  duties  and  of  likin  on 
Chinese  territory. 

Article  XXV. 

In  case  of  disagreement  between  the  Compagnie  G^n^rale  de  Che- 
mins de  Fer  et  de  Tramways  en  Chine  or  its  delegates  and  the  Impe- 
rial Chinese  Government  or  the  Imperial  Chinese  Railway  Company, 
such  conflicts  or  disagreements  shall  be  settled  by  the  decision  of  a 
member  of  the  Ministry  of  Foreign  Affairs  and  the  Minister  of  Bel- 
gium in  China.  In  case  of  non-agreement,  the  third  arbitrator  shall 
be  the  Dean  of  the  Diplomatic  Body  at  Peking. 

Article  XXVI. 

Should  the  Minister  of  Belgium  request  the  Chinese  Minister  of 
Foreign  Affairs,  the  latter  shall  be  bound  to  give  cognizance  of  the  title 
{notifier  le  titre)  to  the  Minister  of  the  foreign  country  mentioned  to  him 
as  subscribing  to  the  issue  of  bonds.  The  present  contract  is  drawn 
up  in  triplicate,  one  copy  for  the  Chinese  Government,  one  for  the 
Imperial  Chinese  Railway  Company  and  the  third  for  the  Compagnie 
G^n^rale  de  Chemins  de  Fer  et  de  Tramways  en  Chine. 

In  case  of  doubt  or  disagreement,  the  French  text  alone  shall  be 
authoritative  in  interpreting  the  present  contract. 

The  present  conti-act  shall  be  submitted  through  the  proper  channel 
for  the  Imperial  Sanction,  and  when  that  shall  have  been  obtained,  the 
Minister  of  Foreign  Affairs  shall  notify,   by   official  despatch,  the 


TREATIES  AND  COmrENTlONS  WITH  CHINA  AND  KOREA.      401 

Representative  of  Belgium  at  Peking,  and  in  case  of  necessity,  the 
Representative  at  Peking  of  the  foreign  country  to  whom  the  title  shall 
be  notified. 

Article  XXVUI. 

The  Compagnie  G^n^rale  de  Chemins  de  Fer  et  de  Tramways  en 
Chine  has  been  organized  at  Brussels  the  26th  March,  1900,  under 
Belgian  law  {regtms  helge)  and  ^ith  Belgian  capital. 

The  Imperial  Chinese  Railway  Company  only  recognizes  for  the  pur- 
poses of  the  present  contract  the  above  mentioned  contracting  Belgian 
Company,  which  shall  never  have  the  right  to  transfer  the  present 
contract  to  other  nations  nor  to  persons  of  another  nationality  than 
Belgian. 

Article  XXIX. 

The  present  contract  includes  the  right  to  build  little  branch  lines 
from  the  line  from  Kai-feng  Fu  to  Ho-nan  Fu  for  the  purpose  of  secur- 
ing traffic  and  establishing  useful  relations.  These  branch  lines  shall 
only  be  built  after  agreement  with  the  Director  General  and  the  Gov- 
ernor of  Ho-nan  and  in  accordance  with  plans  approved  by  them. 

Done  at  Shanghai, 

27938—04 ^26 


No.  59. 

FBAl^CE. 

MEMORANDUM    ON   RAILWAY   AND   MINING   CONCESSIONS   SECURED 
BY  FRANCE  AND  FRENCH  COMPANIES  IN  CHINA. « 

[Translation,] 

I.  Provinces  of  Chih-li,  of  Hu-peh  and  of  Ho-nan. 

IJNE  FROM  PEKING  TO  HANKOW. 

The  Soci^t^  d'6tude«  de  chemins  de  fer  en  Chine,  a  Franco-Belgian 
syndicate  in  which  the  French  element  is  represented  by  the  big  finan- 
cial establishments  of  Paris  and  the  big  metallurgical  industries  of 
France  has  received  a  concession  for  a  railway  from  Peking  to  Hankow. 
The  two  contracts  relating  to  this  line,  for  a  loan  and  for  operating, 
are  dated  the  26  June  1S98.  The  line  will  have  an  extension  of  about 
1,250  kilometei-s.  It  is  being  built  and  will  be  operated  by  the  Soci^t^ 
d'^tudes  for  the  mutual  profit  and  equal  advantage  of  the  French  and 
Belgian  parties. 

The  loan  to  be  floated  is  112,500,000  fi-ancs.  It  has  been  agreed 
that  the  French  financial  share  shall  be  three  fifths,  that  of  Belgium 
two  fifths.  A  first  issue  of  133,000  bonds  of  600  francs  5%  was  made 
at  Paris  and  Brussels  on  April  19,  1899.  226,800  bonds  were  sub- 
scribed for,  190,800  at  Paris  and  36,000  at  Brussels.  The  product  of 
this  first  issue  will  suffice  to  build  500  kilometers  of  which  300  in  the 
north  and  200  in  the  south,  and  which  will  be  soon  finished.  150  kilo- 
meters in  the  north  are  already  being  operated.  The  building  of  the 
remainder  will  be  seen  to  by  a  second  issue  as  soon  as  circumstances 
permit  of  it.^ 

The  Socii3t6  d'^tudes  has  secured  the  right  to  work  mines  along  the 
line  and  to  make,  for  the  use  of  these,  branch  lines. 

A  branch  company  has  been  organized  under  the  name  of  "Soci^t^ 
franco-beige  de  recherches  minieres  en  Chine"  to  work  these  mines. 

«  French  Yellow  Book,  Chine,  Juhi-Oetobre  1900,  pp.  23-27. 
&For  contracte  for  this  line,  see  mpra,  No.  34.  pp.  225-245. 

402 


TREATIES  AND  00NVEKTI0N8  WITH  CHINA  AND  KOBEA.      403 

II.  Province  of  Shan-hsi. 

UNE  FROM  TAI-YUAN-FU  TO   CHENG -TING -FU. 

The  concession  for  this  line  was  provided  for  by  a  contract  between 
the  Bureau  of  Commerce  of  the  province  of  Shan-hsi  and  the  Russo- 
Chinese  Bank,  said  contract  being  approved  by  the  Chinese  Govern- 
ment May  21,  1898. 

The  length  of  the  line  is  246  kilometers  from  Tai-yuan-Fu  to  (^heng- 
ting-Fu  where  it  will  join  the  railway  from  Peking  to  Hankow.  The 
line  will  open  the  very  rich  coal  field  of  Ping-ting,  and  its  exploita- 
tion should  be  remunerative.  The  concession  contemplates  the  exten- 
sion of  the  Tai-yuan-Fu  line  to  the  southwest.  The  system  as  above 
will  measure  from  500  to  600  kilometers  and  will  be  worth  about 
60  millions. « 

The  French  group  in  the  Russo-Chinese  Bank  is  entrusted  with 
working  this  concession. 

III.   Provinces  of  Shen-hsi  and  of  Ho-nan. 

A  Franco-Belgian  syndicate  secured,  the  6  December,  1899,  a  conces- 
sion for  a  line  along  the  course  of  the  Yellow  river  from  Kai-f eng-Fu, 
capital  of  Ho-nan — a  future  station  on  the  Hankow-Peking  line,  to 
Ho-nan-Fu,  with  future  extension  toward  Hsi-an-Fu,  capital  of 
Shen-hsi.^ 

IV.  Province  of  Hu-peh. 

The  "Syndicat  d'^tudes  industrielles  et  de  travaux  publics  en 
Chine,"  secured  in  the  month  of  March  1896,  a  concession  of  the 
anthracite  coal  beds  of  Ainantzu,  near  Ts6-kiu. 

V.  Province  of  Kiang-su. 

The  same  syndicate  has  secured,  in  the  month  of  December  1898, 
the  concession  of  the  coal  beds  of  Yuan-shan,  near  Nanking. 

VI.   Province  of  Che-kiang. 

A  local  railway  from  Hus^  to  Kiang-nan,  near  Hang-chou,  at  the 
southern  end  of  the  Grand  Canal  has  also  been  conceded  in  the  month 
of  February  1898,  to  the  "Syndicat  d'^tudes  industriellea  et  de 
travaux  publics  en  Chine." 

VII.  Province  of  Sst^-oH'uAN. 

COAL  AND   IRON  MINES. 

Following  the  researches  of  the  Lyons  mission  to  China,  some  cap- 
italists and  manufacturers  had  founded  in  1897,  under  the  name  of 

«For  agreement  concerning  this  line,  see  mipra.  No.  41,  pp.  30^316. 
&For  contract,  see  «Mpra,  No.  58,  pp.  389-401. 


404     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

"  Syndicat  f  ranco-chinois  de  Tchunor-King"  a  company  for  working  the 
mineral  wealth  of  Ssu-eh'uan.  This  company  sent  to  Chung-king  as 
its  representative,  M.  Duclos,  engineer,  |i  former  member  of  the  Lyons 
mission,  who  in  1899  made  a  contract  with  the  provincial  Admin- 
/  istration  ceding  to  the  syndicate  the  working  of  mines  of  coal  and 
iron  in  diflFerent  localities  in  the  pro^^nce.  A  capital  of  10  million 
taels  is  provided  for  the  working  of  these  concessions,  with  faculty  of 
raising  it  by  installments. 

PETROLEUM   DEPOSITS. 

The  Bureau  of  the  province  of  Ssu-ch'uan  has  given  to  a  f rench  com- 
pany, the  "Soci6t6  fran9aise  d'explorations  minieres  en  Chine,"  the 
right  to  prospect  in  this  province  for  petroleum  deposits  which  are 
believed  to  be  very  rich.  This  concession  will  necessitate  a  final 
exploitation  contract  for  which  purpose  a  French  company  will  be 
organized. 

ORE  Deposits. 

The  French  consulate  at  Chung-king  secured  iq  the  month  of  July 
1899,  from  the  Mining  Bureau  of  Ssu-ch'uan,  the  signing  of  a  contract 
under  which  it  cedes  to  a  company  to  be  formed  with  French  and 
Chinese  capital  the  working  of  ore  mines  (gold,  silver,  copper,  lead 
and  iron)  in  the  Tien-shan  and  Ma-kung  districts. 

VIII.  Province  of  Kuei-chou. 
quicksilver  mines. 

By  two  contracts  of  March  17  and  June  26,  1898,  the  Chinese  Gov- 
ernment has  granted  the  "  Soci6t6  fran^aise  d'explorations  minieres 
en  Chine"  the  concession  for  working  the  quicksilver,  coal  and  iron 
mines  of  the  province  of  Kuei-chou  and  the  works  and  blast  furnaces 
of  Tsing-ki.  This  Company  has  ceded  its  rights  to  the  ''Compagnie 
anglo-frangaise  des  mercures  et  concessions  minieres  du  Kouei- 
Tcheou"  organized  with  a  capital  of  7,750,000  francs. 

Three-fifths  approximately  of  the  bonds  which  were  issued  in  March 
1899,  are  held  by  French. 

The  enterprise  is  running  at  present. 

IX.  Province  of  YCn-nan. 

RAILWAY   FROM   LAOKAY  TO   YCN-NAN  HSIEN. 

By  a  convention  of  the  9-10  April,  1898,  the  French  Government 
se<»ured  for  itself  or  for  the  Company  chosen  by  it,  the  right  to  build 
a  railway  from  Laokay  (frontier  of  Tongking),  to  Yun-nan  Hsien  (450 
kilometers),  and  a  law  of  December  25,  1898,  authorized  the  Govern- 
ment of  Indo-China  to  gitmt  a  guamntee  of  interest  to  the  Company 
which  might  become  the  grantees  of  this  line. 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      405 

In  conformity  with  this  law,  the  Governor  General  of  Indo-China 
signed  the  15  June  1901,  with  a  syndicate  of  the  principal  financial 
houses  of  Paris,  a  convention  for  the  building  of  the  railway  from 
Laokay  to  Yun-nan  Hsien  and  for  the  working  of  the  whole  line  from 
Haiphong  to  Yun-nan  Hsien. 

This  convention  was  ratified  by  a  law  of  July  5,  1901. 

The  principal  provisions  of  the  convention  are  the  following: 

The  syndicate  agrees  to  organize,  within  three  months  from  the  date 
of  the  passage  of  the  law  approving  the  convention  between  the  Gov- 
ernment of  Indo-China  and  it,  a  stock  company  with  a  capital  of 
12,500,000  francs,  to  work  the  line  from  Haiphong  to  Laokay  which  is 
to  be  built  by  the  Government  of  Indo  China,  and  for  the  purpose  of 
building  itself  and  working  the  railway  from  Laokay  to  Yiin-nan  Hsien. 
The  company  will  receive  from  the  colony  a  subvention  of  12,500,000 
francs  and  also  a  guarantee  of  three  millions  of  francs  payable  during 
75  years,  for  the  bonds  which  it  shall  have  issued  for  the  purpose  of 
building  the  railway. 

Last  July  (1901)  the  "Compagnie  frangaise  des  chemins  de  fer  de 
I'Indo-Chine  et  du  Yunnan  "  was  organized,  and  the  bonds  have  just 
been  issued. 

For  thfe  purpose  of  building  the  line  from  Laokay  to  Yunnan  Hsien, 
the  company  has  negotiated  with  the  ''R^gie  g^n^rale  des  chemins  de 
fer"  and  the  "  Soci^t^  de  construction  des  Batignolles,"  which  have 
formed  for  this  purpose  the  "  Soci^t^  de  construction  de  chemins  de 
fer  indo-chinois  "  with  a  capital  of  4  million. 

The  "Soci^tfi  de  construction"  has  sent  during  the  present  month 
(October,  1901),  survey  parties  to  Yiin-nan  for  the  final  study  of  the 
line.^ 

«The  London  Times  of  November  20,  1903,  contains  the  following  statement  con- 
cerning the  Lao-kai- Yiin-nan  Hsien  railway: 

"The  conditions  for  the  construction  of  the  French  Yun-nan  Railway  agreed  upon 
by  M.  Dubail  and  the  VVai-wu-pu  on  October  28  (1903)  are  34  in  number  and  comply 
with  the  terms  of  the  notes  exchanged  by  M.  Dubai  1  and  the  Tsung-li-Yam^n  on 
April  9  and  10,  1898,  when  France  w^as  accorded  a  concession  to  construct  a  railway 
from  the  Tongking  frontier  to  Yun-nan  city.  The  railway  will  extend  from  Ho-kou, 
near  I^o-kai,  on  the  frontier,  via  the  treaty  port  of  Meng-tsze  to  Yun-nan  city;  and 
when  it  is  completed  France  can  arrange  with  China  for  the  construction  of  branch 
lines.  The  gauge  is  to  be  1  metre;  work  may  begin  at  various  points  simultaneously; 
and  all  machinery  and  materials  required  for  the  construction  will  be  admitted  duty 
free.  China  retains  full  sovereign  rights  over  the  line,  which  in  the  event  of  China's 
being  at  war  will  not  be  considered  neutral,  but  be  placed  under  Chinese  orders. 
China  undertakes  the  sole  responsibility  of  policing  and  protecting  the  railway,  and 
on  no  account  can  the  railway  ask  for  the  assistance  of  foreign  troops.  The  general 
superintendent,  the  deputy  superintendent,  and  the  technical  staff  may  be  French, 
the  final  decision  on  all  technical  matters  being  vested  in  the  general  superintendent. 
China  grants  all  Government  land  free,  but  private  property  must  be  purchased. 
The  railway  gives  the  facilities  desired  by  China  for  the  carriage  of  Imperial  mails 
and  safeguards  all  geomantic  prejudices.  There  is  to  be  no  Chinese  Government 
guarantee;  the  period  of  the  concession  is  eighty  years." 


406     TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

X.  Province  of  Kuang-tung. 

RAILWAY   FROM   PAKHOI  TO  THE   SI-KIANG  (WEST  RIVER). 

In  the  month  of  June,  1898,  the  French  Government  secured  from 
China  a  promise  that  only  a  French  or  Franco-Chinese  Company  should 
have  the  right  to  build  a  railway  from  Pakhoi  to  a  point  to  be  deter- 
mined on  the  Si-Kiang,  and,  generally  speaking,  railways  with  Pakhoi 
as  a  starting  point.^ 

In  December  1899,  on  the  occasion  of  the  delimitation  of  said  terri- 
tory at  Kuang-chou  Wan,  the  French  Government  secured  from  China 
a  concession  for  a  railway  uniting  a  point  on  the  bay  of  Kuang-chou 
to  a  point  to  be  chosen  on  the  east  coast  of  the  peninsula  of  Lei-chou 
in  the  neighbourhood  of  On-pu. 

At  the  same  time,  the  Chinese  Government  took  the  engagement  to 
concede  to  a  Franco-Chinese  company  the  mines  in  the  prefectures  of 
Kao-chou,  Lien-chou  and  Lei-chou. 

XI.  Province  of  Fu-kien. 

ARSENAL  of  FU-CHOU. 

The  French  Government  signed  October  11,  1896,  with  the  Chinese 
Government  a  contract  for  the  sending  of  a  French  mission  for  the 
purpose  of  reorganizing  the  naval  arsenal  of  Fu-chou.  The  contract 
provided  also  for  the  working,  for  the  use  of  the  arsenal,  of  the  depos- 
its of  ores  in  the  province.* 

The  French  mission,  under  the  direction  of  M.  Doyfere,  naval  con- 
structor, has  been  pushing  its  work  since  about  five  years. 

a  See  mpra,  No.  38,  p.  280.  ^See  infra  No.  60,  p.  407. 


No.  60. 

FRANCE. 

MINING  CONCESSIONS  IN  FU-KIEN  PROVINCE. 

(1)  Agbeembnt  bbtwbbn  the  Hua  Yu  Company  and  the  Compaqnib  d' Orient 

(Ta  Tung  Co.)« 

Article  1. 

The  Chinese  Government,  has  on  the  Memorial  of  the  Viceroy  of 
the  Min-Che  Provinces,  authorized  the  Hua  Yu  Co.  to  undertake  min- 
ing operations  in  the  three  Prefectures  of  Kien-ning*  Fu,  Ting-chou 
Fu,  &  Shao-wu  Fu,  and  has  further  authorized  the  said  Co.  to  enter 
into  an  agreement  with  the  Compagnie  d'Orient  for  the  purpose  of 
raising  capital  and  working  the  mines.  The  right  of  prospecting  and 
selecting  sites  for  operations  (in  the  above  districts)  is  granted  exclu- 
sively to  the  Hua  Yu  Co.  No  other  Company  must  interfere  with 
them  in  any  way. 

Article  2. 

The  Compagnie  d'Orient  desire  to  enter  into  agreement  for  the 
formation  of  a  branch  company,  in  the  management  of  which  French 
Directors  are  to  have  a  majority.  In  accordance  with  the  terms  of 
the  agi-eement  already  made  with  the  Ying  Tu  Bank  when  any  work 
is  about  commenced,  the  said  Board  must  in  every  case  be  con- 
sulted. If  the  Bank  is  unwilling  to  lend  its  support,  then  recourse 
may  be  had  .to  another  French  Bank.  This  branch  company  is  to 
provide  funds  for  the  expenses  of  prospecting,  and  upon  the  signing 
of  this  agreement  will  send  Surveyors  to  the  places  where  it  is  pro- 
posed to  mine.  A  period  of  three  (3)  years  will  be  allowed  for  experi- 
mental work,  on  the  expiry  of  which  term,  if  the  company  has  not 
decided  on  a  Mining  field,  the  right  to  mine  will  be  given  to  another 
company.  The  three  years  term  will  run  from  the  date  of  signing 
this  agreement.  When  the  Surveyors  have  sent  a  report  to  the  branch 
company  and  the  latter  find  that  a  mine  can  be  profitably  opened,  then 
a  mining  company  will  be  formed — One  or  more  according  to  the 
number  of  mining  fields.  The  majority  of  the  shares  of  these  Mining 
companies  must  be  held  by  Chinese  merchants.     The  profits  are  to  be 

«  This  and  the  following  agreement  were  entered  into  in  the  latter  part  of  1903. 

407 


408      TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

distributed  fairly  among  foreigners  and  Chinese  alike,  without  favor- 
ing one  party  or  the  other.  When  the  Branch  Company  has  fixed 
upon  a  mining  site  a  period  of  one  year  will  be  allowed  for  beginning 
work.  If  work  is  not  begun  within  that  time,  then  another  Company 
must  be  allowed  to  undertake  it. 

Article  3. 

The  Hua  Yu  Co.  will  hand  over  to  this  mining  Co.  the  mine  selected 
by  the  Branch  Company  for  working^,  and  will  also  establish  works. 
Offices  and  warehouses  for  storing  the  products  of  the  mines.  In 
addition  it  will  build  a  short  branch  railway  to  the  nearest  navigable 
waterway  for  the  following  special  purposes,  viz:  To  transport  mining 
plant,  to  facilitate  the  deepening  of  rivers  and  streams  that  boats  may 
more  easily  pass,  and  to  maintain  communication  between  the  operatives 
employed  at  the  mines.  These  undertakings  must  be  carried  out  in 
accordance  with  the  detailed  agreement  made  by  the  Hua  Yu  Co.  with 
the  Board  of  Mines:  there  nmst  be  no  violation  of  it.  The  Compagnie 
d'Orient  will  undertake  the  engagement  of  experts  to  conduct  the 
minining  operations,  contracts  for  the  purchase  of  plant  and  the  sale 
of  mining  produce.  All  posts  in  connection  with  the  mines  are  to  be 
filled  by  Chinese,  when  the  latter  are  competent;  and  the  Foreign  ex- 
perts must  carefully  instruct  them  so  that  they  may  become  thor- 
oughly conversant  with  every  description  of  mining  work.  The  Bureau 
of  Mines  may  from  time  to  time  enquire  into  the  work  accomplished 
and  may  depute  Officials  to  inspect  the  works. 

Article  4. 

The  Mining  company  of  each  locality  must  divide  its  capital  into  so 
many  ordinary  shares  and  so  many  debenditures.  Whenever  a  Mining 
Co.  is  formed  to  mine  any  particular  place  the  Hua  Yu  Co.  will  be 
entitled  in  the  first  place  to  receive  five  (5)  per  cent  of  the  shares  free 
of  cost,  one  half  of  which  they  will  deliver  to  the  Foochow  Bureau  of 
Mines  free  of  cost,  or  cash  for  the  value  of  the  shares  if  the  Bureau 
should  desire  ready  money.  These  shares  or  the  cash  value  for  them 
must  be  sent  into  the  Bureau  according  as  each  local  mining  company 
is  formed.  When  the  Mining  companies  shares  are  issued,  the  Hua 
Yu  Co.  will  in  addition  be  entitled  to  receive  forty  (40)  per  cent  of  the 
debentures,  for  future  working  expenses.  On  receiving  this  Forty 
(40)  per  cent  actually  delivered,  the  Hua  yu  Co.  will  retain  the  amount 
due  to  them  and  the  Mining  taxes  due,  that  is  to  say,  the  eight  (8)  per 
cent,  and  twenty  five  (25)  per  cent  on  the  ''  Debentures"  which  are  due 
from  the  Mining  Company  are  to  be  paid  according  to  the  terms  of  the 
agreement  with  the  Viceroy.     The  Customs  duties  are  not  included. 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      409 
ArTICIiE   5. 

After  deducting  from  the  gross  profits  all  expenses,  three  appro- 
priations will  be  made,  Viz:  1.  Interest  at  the  of  7%  for  each  working 
year,  on  the  shares  of  the  Mining  Co.  the  year  to  be  reckoned  from 
the  date  of  payment,  and  the  interest  to  be  cumulative:  2.  Ten  %  of 
the  balance  of  the  profits  to  go  towards  paying  oflf  the  capital,  which 
is  to  be  appreciated  ten  per  cent  of  the  original  amount:  3.  A  sum  of 
say  10  per  cent  to  create  a  fund  for  increasing  or  renewing  the  plant. 
The  net  profits  after  these  deductions  are  to  be  divided  equally 
amongst  the  holders  of  "Debentures." 

Article  6. 

The  mines,  buildings,  roads,  bridges,  plant  and  mining  produce  are 
hypothecated  as  security  for  the  payment  of  interest  on  the  share  cap- 
ital as  a  first  claim. 

Article  7. 

The  Hua  Yu  Co.  assigns  its  interest  to  the  Mining  Co.  for  a  term  of  50 
years,  on  the  expiry  of  which  term  the  mines  with  all  works,  bridges, 
roads,  telegraphs  and  telephones  Etc.  appertaining  to  them  shall  revert 
to  the  Hua  Yu  Co.  that  the  latter  may  carry  out  their  agreement  with 
the  Viceroy. 

Article  8. 

The  Mining  Co.  shall  submit  accounts  every  three  months  and  at 
the  end  of  every  year  each  company  shall  besides  submit  a  general 
detailed  account  to  the  Bureau  of  Mines  and  also  to  the  Hua  Yu  Co. 
Both  the  Bureau  of  Mines  and  the  Hua  Yu  Co.  are  at  liberty  to  send 
oflScials  from  time  to  time  to  inspect  the  mining  operations  as  well  as 
the  works  and  buildings  Etc. 

Article  9. 

The  Viceroy  must  be  requested  to  sanction  this  agreement,  and  to 
promise  to  protect  the  Mining  experts  who  are  sent  to  make  surveys, 
and  the  engineers  who  superintend  the  mining  operations.  When  Sur- 
veyors are  sent  into  the  country  the  Bureau  of  Mines  must  depute  a 
military  escort  to  secure  them  from  molestation.  The  expensess  of 
the  official  and  of  the  military  escort  will  be  defrayed  by  the  Ta  Tung 
(Compagnie  d'  Orient)  Branch  Company. 

Article  10. 

The  Compagnie  d'  Orient  undertake  to  abide  in  every  respect,  and 
without  any  divergence,  by  the  terms  of  the  Mining  agreement  which 
the  Hua  Yu  Co.  have  made  with  the  Viceroy.     As  regards  the  amount 


410     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

of  the  taxes  due  by  the  Compagnie  d'  Orient  on  account  of  each 
mine  worked  by  them,  the  said  company  must  declare  that  they 
consent  in  every  respect  to  abide  by  the  regulations  drawn  up  by  the 
Chinese  Foreign  Office  and  the  Board  of  Railways  and  Mines  and  sanc- 
tioned by  the  Throne. 

Abticlb  11. 

If  the  Campagnie  d'  Orient  Branch  Co.  does  not  within  three  years 
lay  before  the  Bureau  of  Mines  and  the  Hua  Yu  Co.  a  sketch  map 
with  explanatory  notes  showing  the  situation  of  the  mines  it  is  desired 
to  work,  with  the  railway  and  other  similar  works  in  connection  there- 
with, then  this  agreement  will  be  null  and  void. 

Article  12. 

This  agreement  is  to  be  executed,  as  is  customary,  in  both  Chinese 
and  French,  and  in  quadruplicate.  One  copy  bearing  the  Official  seal, 
to  be  filed  at  the  Bureau  of  Mines,  one  copy  at  the  French  Consulate, 
one  to  be  delivered  to  the  Hua  Yu  Co.  and  one  to  the  Compagnie 
d'  Orient.     In  case  of  doubt  or  error,  the  French  text  is  to  prevail. 


(2)  Agrebmbmt  for  joint  mining  operations  by  nativbs  and  foreigners  of  Fn- 
KiEN  Province,  in  the  three  prefectures  of  Kien-ning,  Tinq-chou,  and 
Shao-wu. 

Article  1. 

The  Viceroy  of  the  Min-Che  provinces  being  desirous  of  developing 
the  mines  of  Fu-kien,  has  created  a  Bureau  of  Mines,  with  officials  at 
the  head  of  it,  whose  dut}'^  it  is  to  devise  methods  for  profitably  exploit- 
ing the  mines  in  the  three  prefectures  of  Kien-ning,  Ting-chou  and 
Shao-wu.  With  this  object  in  view  the  Bureau  has  invited  the  Hua 
yu  Co.  and  the  Cie  d'  Orient  to  raise  capital. 

The  issue  of  shares  both  to  foreigners  and  natives  is  to  be  under  the 
supervision  of  the  Bureau.  The  purchase  of  land,  through  the  agency 
of  the  Chinese  officials  will  be  the  special  province  of  the  Hua  j^u  Co. 

Foreigners  who  hold  shares  will  be  entitled  to  satisfy  themselves 
regarding  the  profits  declared  on  the  shares  but  must  not  concern 
themselves  with  the  control  of  the  company.  The  Cie  d'  Orient  will 
have  exclusive  direction  of  the  actual  mining  operations,  and  will  be 
allowed  a  period  of  three  years  to  prospect  in  the  above  mentioned 
districts.  However  many  sites  the  company  selects,  they  will  have 
the  right  to  work  them.  On  the  expiry  of  this  term,  another  com- 
pany may  be  granted  the  right  of  selecting  and  working  the  sites  not 
selected  by  the  Cie  d'  Orient.  When  the  Cie  d'  Orient  has  decided 
on  a  sight,  a  term  of  one  j^ear  will  be  allowed:  if  work  is  not  begun 
within  that  time,  their  rights  may  be  transferred  to  another  company. 


TBKATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      411 

Article  2. 

The  Hua  yu  Co.  has  made  a  separate  agreement  with  the  Cie  d'  Ori- 
ent for  the  purpose  of  raising  money  and  floating  a  Company.  The 
Hua  yu  Co.  agrees  to  provide  in  the  meantime  a  sum  of  $80,000  for 
the  acquisition  of  land,  and  the  Cie  d'  Orient  a  sum  of  7,400,000  for 
the  expenses  of  opening  and  working  the  mines.  Both  these  sums 
are  for  preliminary  expenses.  When  actual  mining  sites  have  been 
determined  on,  as  each  centre  is  selected,  the  amount  of  capital 
required  will  be  calculated  and  shares  offered  to  natives  and  foreigners. 
In  the  allotting  of  shares  the  majority  will  be  sold  to  Chinese — if  the 
latter  are  able  to  buy  them,  and  natives  and  foreigners  will  enjoy 
equal  rights  and  advantages  without  favour  to  one  party  or  the  other. 

Article  3. 

When  this  agreement  is  sanctioned,  and  before  the  exploitation  of 
the  mines,  the  Cie  d'  Orient  will  send  foreign  superintendents  or 
mining  engineers  to  explore  and  examine  the  mining  fields.  The 
Bureau  of  Mines  will  send  an  official  to  accompany  them. 

Article  4. 

When  the  Cie  d'  Orient  have  carried  out  their  surveys  and  investi- 
gations, they  must  make  a  sketch  map  with  explanatory  notes  show- 
ing clearl}'^  what  mines  they  wish  to  work,  and  the  map  will  be  for- 
warded to  the  Bureau  of  Mines  by  the  Hua  Yu  Co.  The  Bureau  will 
report  to  the  Viceroy  who  will  apply  for  the  Imperial  sanction.  If 
the  mining  sites  are  the  property  of  private  individuals,  or  held  in 
common  by  several  persons  (as  ancestral  temples,  and  such  like)  the 
Hua  yu  Co.  must  come  to  terms,  by  leasing  or  buying,  with  the 
owners,  before  they  can  begin  work.  Where  mines  are  already 
worked  by  Chinese,  the  Cie  d'  Orient  must  not  encroach  on  their 
propert}^;  but  if  the  former  wish  to  sell  their  interest,  the  Hua  yu  Co. 
can  treat  with  them  for  a  transfer  of  their  mines.  If  the  Hua  yu  Co. 
cannot  come  to  an  understanding  with  the  owners  of  the  property, 
whether  individual  or  joint  owners,  the  Bureau  of  Mines  may  send  an 
official  to  make  a  valuation  and  fix  a  fair  price.  The  owners  must  not 
hold  out  for  future  higher  prices,  nor  must  the  Bureau  attempt  to 
depreciate  the  value.  The  Company  may  if  they  desire  it,  lodge  with 
the  Bureau  of  Mines  the  amount  demanded  by  an  owner,  and  the 
Board  will  negotiate  with  the  owner  for  a  lower  price,  and  will  hand 
over  the  money  to  him.  Should  the  owner  desire  shares  in  the  com- 
pany, he  may  receive  payment  in  that  form  instead  of  in  cash. 

Article  5. 

The  Hua  yu  Co.  will  deliver  to  the  Bureau  of  Mines  half  of  the  6% 
of  the  shares  which  the  Hua  yu  Co.  are  entitled  to  receive  gratis  from 


412     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

the  Cie  d'  Orient:  also  in  accordance  with  the  agreement  by  which  the 
dividends  on  eight  per  cent,  of  the  ''free  shares"  allowed  to  the  Cie 
d'  Orient,  are  to  be  assigned  (to  the  Hua  Yu  Co.),  so  eight  per  cent  of 
the  "free  share"  scrip  is  to  be  handed  over  to  the  Bureau  of  Mines. 

Article  6. 

The  Hua  yu  Co.  will  in  acknowledgement  of  its  indebtedness  to  the 
Chinese  Government,  pay  to  the  latter  25%  of  the  profits  on  the  ''free 
shares,"  viz:  25%  (of  the  dividend  on)  the  before  mentioned  ''free 
share"  scrip.  The  Bureau  of  Mines  created  by  the  Government  will 
have  the  right  to  verify  the  accounts  in  connection  with  the  payment. 
All  articles  intended  for  mining  work  or  for  other  works  in  connection 
with  the  mines  and  all  mining  produce,  are  to  pay  likin  and  other 
Inland  duties.  Customs  duties  will  be  paid  according  to  the  tariff  in 
force. 

Article  7. 

The  Hua  yu  Co.  will,  on  the  issue  of  the  Cie  d'  Orient's  shares,  for- 
ward at  once  to  the  Bureau  of  Mines,  the  2i  per  cent  of  the  shares, 
referred  to  in  Arts.  5  and  6,  as  also  the  33%  of  the  "free  shares." 

Article  8. 

If  the  mines  lie  in  land  belonging  to  the  Government,  the  Board 
will  depute  an  official  to  confer  with  the  directors  of  the  Hua  yu  Co. 
and  fix  a  rent  charge  to  be  paid  by  the  company. 

Article  9. 

The  expenses  of  the  deputies  from  the  Bureau  of  Mines  who  accom- 
pany  the  mining  experts  and  of  the  military  escorts  will  be  defrayed 
by  the  Cie  d'Orient.  Deputies  of  the  Bureau  of  Mines  will  look  after 
and  protect  the  machinery  etc.,  despatched  to  the  Mines. 

Article  10. 

If  the  Cie  d'Orient  wish  to  bore  or  sink  shafts  or  commence  any 
other  works  for  purposes  of  prospecting,  they  must  first  notify  the 
Hua  yu  Co.  who  will  report  to  the  Bureau,  and  will  also  come  to  terms 
with  the  owner  of  the  land:  but  they  need  not  include  in  the  pur- 
chase, other  land  lying  apart  from  the  mine.  If  these  operations 
occasion  any  damage  to  the  owner  of  the  soil,  the  company  must  agree 
to  compensate  him.  If  there  exist  any  tombs  or  temples,  which  can 
be  moved  to  another  place,  The  company  must  come  to  an  agreement 
with  the  family  concerned  of  the  local  officials  who  will  decide  what 
compensation  is  due.  If  the  owners  refuse  to  move  the  tombs  or 
temples,  the  company  must  find  means  of  keeping  clear  of  them;  they 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      413 

must  not  be  pulled  down,  undermined,  damaged  or  enclosed.  The 
Bureau  of  Mines  will  strive  in  every  way  to  facilitate  mining  opera- 
tions. The  local  and  provincial  officials  pledge  themselves  to  protect 
to  the  fullest  extent  of  their  power  the  staflF  and  the  plant  and 
machinery  of  the  mines,  and  not  to  allow  any  trouble. 

Art.  11. 

The  Cie  d'Orient  has  power  to  dredge  rivers,  in  the  vicinity  of 
places  where  shafts  have  been  sunk,  in  order  to  improve  the  means  of 
transport;  also  to  construct  a  small  branch  railway  to  the  nearest  nav- 
igable waterway,  or  to  places  connected  with  the  mining  works.  But 
it  is  expressly  declared  that  such  a  line  must  be  merely  a  branch  line. 
A  main  line  must  not  be  constructed.  These  waterways  and  railway 
can  only  be  used  for  the  transport  of  the  produce  of  the  mines.'  If  it  is 
proposed  to  carry  passengers  and  merchandise,  regulations  for  that 
purpose  must  be  drawn  up  and  a  new  agreement  made.    . 

Maps  showing  these  waterways  and  railways  must  be  submitted  to 
the  Bureau  of  Mines,  who  will  enquire  into  the  facts  connected  with 
the  localities,  and  ascertain  if  any  obstacles  exist  to  the  project.  The 
matter  will  be  referred  to  the  Chinese  Foreign  Office  and  the  Board 
of  Railways  and  Mines,  who  will  telegraph  instructions  to  the  author- 
ities of  Fu-kien;  prior  to  this  no  work  may  be  begun. 

If  it  is  necessary  to  acquire  land  (for  the  above  mentioned  means  of 
communication)  the  Huayu  Co.  will  in  this  case  also  proceed  in  accord- 
ance with  the  regulations  laid  down  (for  purchasing  mining  sites).  If 
telegraphs  or  telephones  are  required  for  purposes  of  communication 
between  the  different  mines,  foi^warding  stations  and  godowns,  appli- 
cation may  be  made  to  the  Bureau  of  Mines. 

Art.  12. 

The  Cie  d'Orient  will  have  the  direction  of  all  mining  operations, 
but  under  the  supervision  of  the  Bureau.  Each  mining  establishment 
will  have  a  foreign  and  a  native  manager  whose  salaries  will  be  paid 
by  the  Company.  Native  employees  only  will  be  engaged,  if  they  are 
competent  for  their  duties,  and  they  are  to  be  most  carefully  instructed 
in  their  work.  Workmen  are  to  be  engaged  locally  as  far  as  possible. 
These  last  regulations  are  not  to  be  construed  too  strictly. 

Article  13. 

The  mining  establishments  with  their  godowns  are  all  to  be  effect- 
ively protected  by  the  local  officials  in  accordance  with  the  intention 
of  the  Bureau,  and  they  must  themselves  conduct  their  business  with 
scrupulous  regard  for  the  laws,  and  must  by  careful  surveillance  pre- 
vent the  mines  from  harbouring  malefactors. 


414     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

Article  14. 

Out  of  their  yearly  profits  the  Cie  d'Orient  will,  after  paying  all 
expenses,  appropriate  three  sums  viz: 

1.  A  sum  sufficient  to  pay  7%  for  the  year  on  the  shares  and  this 
interest  to  be  cumulative. 

2.  10%  of  the  remainder  to  be  applied  to  gradually  redeeming  the 
shares,  the  value  of  the  latter  being,  for  this  purpose,  reckoned  at 
10%  premium. 

3.  A  sum  to  be  applied  to  forming  a  reserve  fund  for  the  purposes 
of  renewing  the  plant.  The  balance  of  the  profits  left  after  these 
deductions  will  be  profits  of  the  "free  shares,"  and  the  dues  to  which 
the  Government  and  the  Provincial  Authorities  are  entitled,  with  the 
exceptipn  of  the  Customs  duties,  will  be  levied  on  these  last  profits. 
The  rest  will  be  divided  equally  amongst  the  holders  of  the  "free 
shares."  As  regards  the  amoimt  of  taxes  due  on  each  mine,  the 
company  declares  explicitlj'^  that  it  will  abide  in  every  respect  by  the 
new  regulations  drawn  up  by  the  Chinese  Foreign  Office  and  the  Board 
of  Railways  and  Mines  and  sanctioned  by  the  Throne. 

Article  15. 

Each  jnining  establishment  and  branch  establishment  will  keep 
separate  accounts  and  the  profits  of  one  must  not  be  set  off  against  the 
losses  of  another. 

Article  16. 

At  the  end  of  each  year  complete  detailed  accounts  will  be  prepared, 
and  verified  by  the  two  foreign  and  two  native  directors.  The  accounts 
will  be  also  presented  at  a  meeting  of  the  shareholders  and  afterwards 
submitted  to  the  Bureau  of  Mines,  who  will  examine  them  once  more 
and  then  publish  them  in  the  papers  and  report  to  the  Peking  Govern- 
ment and  also  to  the  high  Provincial  Authorities.  Neither  the  Chinese 
Government  or  the  Bureau  of  Mines  is  to  be  in  any  way  concerned  in 
cases  of  losses. 

Article  17. 

A  term  of  50  years  is  granted  for  the  working  of  the  mines,  com- 
mencing from  the  ratification  of  this  agreement.  On  the  expiration  of 
this  term,  the  mines  with  all  the  roads,  bridges,  telegraphs,  railways 
etc.,  will  all  revert  to  the  Bureau  of  Mines,  who  will  restore  to  the 
original  proprietors  the  mining  lands  which  have  been  leased  from 
them.  All  other  property,  including  the  works  and  the  buildings, 
will  devolve  in  the  Chinese  Government,  who  will  not  be  bound  to 
make  any  payment  for  them. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      415 

Article  18. 

The  Company's  shares  are  held  partly  by  Chinese  and  partly  by 
foreigners.     If  before  the  expiration  of  the  50  years  term,  Chinese 
shareholders  should  acquire  i  of  the  mining  companies  shares,  then 
I  the  Bureau  of  Mines  will  have  the  right  of  taking  over  the  mines  with 

the  works  and  buildings  appertaining  to  them,  on  condition  of  redeem- 
ing the  outstanding  shares  at  the  price  stated  in  a  previous  article, 
and  of  buying  up  the  "  free  shares"  at  a  price  equal  to  20  times  the 
average  dividend  for  the  previous  years. 

Article  19. 

j  Machinery  and  materials  required  at  the  mines  will  pay  Customs 

duties  according  to  the  tariff,  but  will  be  exempted  from  likin  duties 
in  the  interior. 

Article  20. 

The  mines  belong  to  China,  and  in  case  of  war  with  any  power,  the 
mining  companies  must  obey  the  orders  of  the  Chinese  Government 
and  not  render  assistance  to  the  enemy. 

Article  21. 

The  Hua  yu  Co.  and  the  Cie  d'Orient  must  both  comply  with  all 
regulations  now  in  force  which  have  been  presented  by  the  Central 
Board  of  Mines. 

Article  22. 

The  present  agreement  is  to  be  executed  in  six  parts,  both  in  Chinese 
and  in  French,  when  the  Viceroy  has  procured  its  ratification  he  will 
delegate  officials  to  sign  the  agreement  in  company  with  (the  repre- 
sentatives of)  the  company.  Of  the  six  copies,  one  will  be  handed  to 
the  French  Consul,  one  to  the  Cie  d'Orient,  one  to  the  Hua  yu  Com- 
pany, one  will  be  delivered  to  the  Viceroy  to  be  filed  by  him,  and  two 
copies  will  be  forwarded  to  the  Foreign  Office  and  the  Board  of  Rail- 
ways and  Mines  respectively.  In  case  of  doubt  the  Chinese  text  is  to 
prevail. 


No.  61. 

CHEfA. 

PREVENTION  OF  ANTI-CHRISTIAN  RIOTS. 

Imperial  Decree  op  June  12,  1891. 

[Transladon.] 

The  Tsung-li  YamSn  has  memoralized  Us  in  regard  to  the  mission- 
ary cases  that  have  occurred  in  the  various  provinces,  asking  that  we 
issue  stringent  instructions  to  the  Governors-General  and  Governors  to 
lose  no  time  in  devising  means  for  a  settlement  thereof.  It  is  repre- 
sented by  the  Yamfen  that  in  the  month  of  May  the  missionary  prem- 
ises (Catholic)  at  Wu-hu,  in  the  province  of  Ngan-hui,  were  fired  and 
destroyed  by  a  mob  of  outlaws.  At  Tan-yang  Hsien,  in  the  province 
of  Kiang-su,  and  at  Wu-hsueh,  in  the  province  of  Hu-peh,  similar  out- 
rages have  been  committed  on  missionary  establishments  there,  and  it  is 
now  necessary  that  the  miscreants  should  be  arrested  and  unrelenting 
measures  taken  in  good  time  to  provide  against  further  outrages  of 
this  kind. 

The  propagation  of  Christianity  by  foreigners  is  provided  for  by 
treaty,  and  Imperial  decrees  have  been  issued  to  the  provincial 
authorities  to  protect  the  missionaries  from  time  to  time.  For  years 
peace  and  quiet  have  prevailed  between  Chinese  and  foreigners.  How 
is  it  that  recently  there  have  been  several  missionary  establishments 
burnt  out  and  destroyed,  and  all  happening  at  about  the  same  time? 

This  is  decidedly  strange  and  incredible.  It  is  evident  that  among 
the  rioters  there  are  some  powerful  outlaws,  whose  object  is  to  secretly 
contrive  and  plan  to  fan  discontent  among  the  people  by  circulating 
false  rumors  and  causing  them  to  become  agitated  and  excited,  and 
then  to  avail  themselves  of  the  opportunity  to  rob  and  plunder,  and 
peaceable  and  law-abiding  persons  are  enticed  and  led  to  join  them, 
resulting  in  a  tremendous  uprising.  If  strenuous  action  is  not  taken 
to  punish  the  miscreants,  how  can  the  majesty  and  dignity  of  the  law 
be  maintained  and  peace  and  quiet  prevail? 

Let  the  Governors-General  and  Governors  of  the  Liang-EJang, 
Hu-Kwang,  Kiang-su,  Ngan-hui,  and  Hu-peh  issue  without  delay  ordere 
to  the  civil  and  military'  officers  under  their  respective  jurisdictions  to 
cause  the  arrest  of  the  leaders  of  the  riots,  try  them,  and  inflict  capital 

416 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.        417 

punishment  upon  them  as  a  warning  and  example  to  others  in  the 
future. 

The  doctrine  of  Christianity  has  for  its  purpose  the  teaching  of  men 
to  be  good.  Chinese  converts  are  subjects  of  China  and  are  amenable 
to  the  local  authorities.  Peace  and  quiet  should  reign  among  the  Chi- 
nese and  missionaries.  But  there  are  reckless  fellows  who  fabricate 
stories  that  have  no  foundation  in  fact  for  the  purpose  of  creating 
trouble.  Villains  of  this  class  are  not  few  in  number,  and  are  to  be 
found  everywhere. 

Let  the  Tartar  Generals,  Governors-General,  and  Governors  issue 
proclamations  warning  the  people  not  to  listen  to  the  idle  rumors  or 
false  reports  which  lead  to  trouble. 

Should  any  person  secretly  post  placards  containing  false  rumors 
with  a  view  to  beguile  the  minds  of  the  people,  strenuous  steps  must 
be  taken  to  cause  his  arrest  and  vigorous  punishment  be  meted  out 
to  him. 

The  local  authorities  must  protect  the  lives  and  property  of  foreign 
merchants  and  missionaries  and  prevent  bad  characters  from  doing 
them  injury.  Should  it  transpire  that  the  measures  taken  to  protect 
them  have  not  been  adequate,  and  trouble  in  consequence  ensues,  the 
names  of  those  officers  that  have  been  truly  negligent  are  to  be 
reported  to  Us  for  degradation. 

In  the  matter  of  all  missionary  cases  that  are  still  pending,  let  the 
Tartar  Generals,  Governors-General,  and  Governors  cause  a  speedy 
settlement  of  them.  They  must  not  listen  to  the  representations  of 
their  subordinates  that  the  cases  are  difficult  to  settle  and  thus  cause 
delay,  to  the  end  that  a  settlement  of  them  may  be  effected. 

Let  this  decree  be  universally  promulgated  for  the  information  of 
the  people. 

27938—04 ^27 


No.  62. 

CHINA. 

REPEAL  OF  ANTI-CHRISTIAN  CLAUSES  OF  CHINESE  CODE— CORRE- 
SPONDENCE BETWEEN  THE  CHINESE  FOREIGN  OFFICE  AND  THE 
FRENCH  MINISTER  TO  CHINA. 

Document  No.  1. 
The  Tsung-li  Yam^n  to  Mr.  Gerard. 

[Translation.] 

August  18, 1896. 

Your  Excellenct:  Upon  the  26th  of  July  last  we  received  your 
dispatch  stating  that  in  the  edition  of  the  Chinese  code  published  in 
1890  there  wsre  still  to  be  found  copies  of  memorials  and  other  docu- 
ments prohibiting  the  Christian  religion,  which  was  in  violation  of  the 
treaty  of  the  fifth  month  of  the  eighth  year  of  Hsien  Feng  (27th  June, 
1868),  and  that  it  was  your  duty  to  request  that  in  observance  of  treaty 
orders  be  given  for  the  erasure  thereof. 

In  repl}'^  to  this  dispatch  we  wrote  you  that  we  examined  into  the 
subject  and  had  ascertained  that,  in  the  ninth  year  of  Tung  Chih  (1871) 
the  board  of  punishments  had  memorialized  the  Throne  requesting 
that  a  new  edition  of  the  penal  code  be  published.  A  note  was  then 
made  of  the  clauses  prohibiting  the  Christian  religion,  and  said  clauses 
were  expunged  from  the  code  as  the  treaty  stipulated,  and  that  since 
the  reign  of  Tung  Chih  the  board  of  punishments  had  had  no  new 
edition  of  the  code  made. 

On  the  12th  ^  of  last  August  Your  Excellency  called  upon  us  and 
handed  us  a  copy  of  a  book  called  the  Ta  Ching  lu-li  hingan  hsuan  chi 
cheng  (Compendium  of  Code  and  Criminal  Cases),  in  two  volumes, 
which  were  reprints  from  other  works,  and  were  made  in  1893.  We 
have  carefully  examined  these  works,  and  we  have  to  say  that  works 
of  this  kind  made  in  private  printing  establishments  are  not  official 
publications.  We  have,  however,  written  the  superintendent  of  the 
gendarmerie  to  notify  all  bookstores  that  the  passages  in  the  said 
books  referring  to  the  propagation  of  the  Christian  religion  in  the 
interior  of  China  and  the  clause  prohibiting  the  practice  of  foreign 
religions  must,  as  the  treaties  require,  be  stricken  out. 

We  inclose  herewith  a  copy  of  our  dispatch  to  the  superintendent  of 
the  gendarmerie  on  the  subject,  and  we  return  the  two  books  upon 
the  code  which  Your  Excellency  left  with  us. 

418 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      419 

Document  No.  2. 

The  Tsung-m  Yam^  to  the  Superintendent  op  Gendarmerie. 

Upon  the  26th  of  last  July  we  received  a  dispatch  from  Mr.  Gerard, 
minister  of  France,  as  follows: 

The  last  clauses  of  the  thirteenth  paragraph  of  the  treaty  between 
France  and  China,  concluded  in  1858,  provide: 

"All  that  has  been  previously  written,  proclaimed,  or  published 
in  China  by  order  of  the  Government  against  the  Christian  religion 
is  completely  abrogated  and  remains  null  and  void  in  all  provinces 
of  the  Empire." 

Notwithstanding  this  freaty  provision,  the  edition  of  the  penal 
code  printed  in  1890  still  contains  prohibitions  against  the  Chris- 
tian religion.  It  is  my  duty  to  request  that  in  accordance  wi#h 
the  treaties  orders  be  given  for  the  erasure  of  such  prohibitions 
from  the  edition  of  the  penal  code  of  1890  and  from  all  books 
containing  them. 

On  receipt  of  this  despatch  we  replied  that  we  had  investigated  the 
matter  and  had  found  that,  in  1871,  the  board  of  punishments  memorial- 
ized the  Throne  requesting  that  a  new  edition  of  the  penal  code  be 
issued,  and  that  in  this  edition,  under  the  section  of  the  ceremonial 
laws  devoted  to  sacrifices,  a  clause  was  inserted  as  follows: 

All  persons  professing  the  Christian  religion  shall  be  permitted 
the  free  exercise  of  their  religion.  All  that  has  been  written,  pro- 
claimed, or  published  in  China  by  order  of  the  Government  against 
the  Christian  religion  is  completely  abrogated  and  remains  null 
and  void  in  all  provinces  of  the  Empire. 

The  clause  previously  in  the  code  with  reference  to  the  propagation 
of  the  Christian  religion  was  also  marked  for  omission  from  the  new 
edition.  The  code  as  thus  altered  was  submitted  to  the  Throne  by  the 
board  of  punishments  and  long  ago  received  the  imperial  sanction. 
Since  the  reign  of  Tung  Chih  the  board  of  punishments  has  had  no 
new  edition  of  the  code  prepared. 

Shortly  after  this  correspondence,  viz,  on  the  12th  August,  Mr. 
Gerard  called  at  the  yamen  and  handed  us  two  books  upon  the  code, 
one  called  the  Ta  Ching  lii-li  tseng  hsui  tung  hsuan  chi  cheng  (The 
Code  and  Criminal  Cases,  revised  and  complete),  and  one  the  Lii-li 
pien  Ian  (The  Code  for  Convenient  Reference).  He  stated  these  had 
been  printed  from  new  blocks  cut  in  1892  and  that  they  contained  a 
prohibition  against  corrupt  doctrines.  Upon  exanjination  we  found 
that  these  books  had  been  printed  from  blocks  cut  at  private  printing 
establishments,  that  they  were  not  official  publications  and  hence  could 
not  be  brought  forwaixl  in  evidence  of  violation  of  treaty. 


420     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

We  have,  however,  to  call  your  attention  to  the  following  passage 
found  in  various  commercial  treaties: 

The  Christian  religion  having  for  its  essential  object  the  leading 
of  men  to  virtue,  the  members  of  all  Christian  communities  shall 
enjoy  entire  security  for  their  persons  and  property  and  the  free 
exercise  of  their  religion,  and  efficient  protection  shall  be  given 
the  missionaries  who  travel  peaceably  in  the  interior  furnished 
with  passports  as  provided  for  in  Article  XIII.  *  «  *  All  that 
has  been  previously  written,  proclaimed,  or  published  in  China, 
by  order  of  the  Government,  against  the  Christian  religion  is 
completely  abrogated  and  remains  null  and  void  in  all  the  prov- 
inces of  the  Empire.  (Quoted  from  Art.  XIII,  French  treaty  of 
1858.) 

In  the  ninth  year  of  Tung  Chih  (1871)  the  board  of  punishments 
omitted  from  the  edition  of  the  code  made  by  them  the  clause  refer- 
ring to  the  propagation  of  Christianity,  and  this  edition  contains  this 
statement  in  its  preface: 

All  statutes  which  occurred  in  former  editions  and  which  are 
omitted  from  this,  were  omitted  by  imperial  sanction  or  memorial 
by  the  board  of  punishments.  Such  omitted  passages  should  be 
no  further  circulated  nor  quoted. 

The  laws  forbidding  Christianity  were  abolished  by  the  Throne  on 
memorial  from  the  board  of  punishments  in  1871  and  must  be  no  longer 
inserted  in  publications.  It  becomes,  therefore,  our  duty  to  write 
your  honorable  bureau  to  notify  all  bookshops  that  in  observance  of 
treaty  they  are  forbidden  to  print  in  the  books  known  as  the  Tung  hsuan 
chi  cheng  and  the  Lu-li  pien  Ian  and  similar  books,  those  passages 
referring  to  the  propagation  of  Christianity,  which  are  to  be  found  in 
the  section  of  the  code  on  corrupt  doctrines,  as  well  as  the  clauses 
which  prohibit  the  practice  of  the  western  religions.  Thus  will  the 
treaties  be  observed. 


Document  No.  3. 

The  Tsung-li  Yam^n  to  Mr.  Gi^rard. 

September  7,  1895. 
On  the  31st  of  August  we  had  the  honor  to  receive  from  you  a  dis- 
patch as  follows: 

On  the  18th  August  I  received  Your  Excellency's  dispatch  saying 
that  the  Ta  Ching  lu-li  hsing  an  tung  hsuan  chi  cheng  and  the  Lu-li 
pien  Ian  were  not  official  publications,  but  that  you  had  taken 
measures  to  have  the  clauses  therein  contained  concerning  the 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      421 

propagation  by  foreigners  of  the  Christian  religion  in  the  interior 
■  and  the  other  clauses  heretofore  referred  to  stricken  out  in  accord- 
ance with  treaty. 

It  becomes  my  duty  to  express  my  thanks  for  this  action.  On 
the  19th  August  I  went  in  person  to  your  YamSn  and  stated  that 
this  class  of  private  publications  were  issued  in  other  parts  of 
China.  You  concurred  in  my  opinion  that  these  also  should  be 
revised,  and  I  have  now  to  express  the  hope  that  you  will  order 
that  this  be  done  and  that  I  be  informed  in  what  manner  the 
officials  of  the  various  provinces  upon  whom  this  duty  falls  carry 
out  these  orders. 

In  reply  we  have  to  state  that  we  recognize  our  obligation  to  do  as 
you  request  in  the  matter  of  issuing  notices  prohibiting  the  publica- 
tion of  rescinded  laws.  We  communicated  with  the  bureau  of  gen- 
darmerie some  time  ago  on  the  matter,  and  we  have  now  written  the 
governors-general  and  governors  of  the  various  provinces  to  order  the 
local  officials  to  command  the  bookstores  in  their  jurisdiction  to  erase 
from  their  publications  those  passages  cut  out  of  the  code  by  the 
board  of  punishments. 

We  make  this  reply  for  Your  Excellency's  information. 


No.  63. 

CHEN^A. 

PREVENTION  OF  ANTI-OHRISTIAN  RIOTS.a 

Imperial  Decsbb  op  January  17,  1898. 

ITnuiBlatioii.] 

On  account  of  the  murder  of  some  missionaries  at  Chu-yeh  Hsien, 
in  Shan-tung,  capital  punisliment  has  already  been  inflicted  on  the 
murderers. 

Li  Ping-heng,  formerly  governor  of  Shan-tung  and  appointed  vice- 
roy of  Szechuan,  which  latter  office  l\e  has  been  deprived  of,  failed  to 
assume  the  responsibility  confided  in  him  and  take  precautionary  meas- 
ures, hence  a  serious  affair  occurred.  Let  him  be  handed  over  to  the 
proper  board  for  the  determination  of  a  penalty.  The  Taotai,  Hsi 
Liang,  of  the  Yen,  I  Tsai  and  Chi  circuit.  Wan  Pen-hua,  brigade  gen- 
eral of  Tsao-chao,  and  Shao  Chen-chao,  prefect  of  Tsao-chao,  are  also 
ordered  to  be  handed  over  to  the  proper  board  for  the  determination 
of  a  penalty. 

Hsu  Ting-jen,  magistrate  of  Chu-yeh  Hsien,  was  very  lax  in  arrest- 
ing the  murderers  and  reporting  the  matter  to  his  superior  officers. 
Let  him  at  once  be  degraded.  Robberies  have  occurred  at  the  mis- 
sionary chapels  in  Shou-chang  Hsien.  Let  the  Governor  investigate 
into  the  conduct  of  the  magistrate,  Chuang  Wei-lieh,  and  report  him 
to  the  Throne  for  impeachment.  Trouble  has  occurred  between  the 
Christians  and  non-Christians  at  Chi-ting,  Ho-che,  Shan  Hsien,  and 
Cheng-wu.  Let  the  magistrates  either  be  removed  from  office  or 
transferred  to  other  posts. 

Shan-tung  is  a  State  famous  for  carrying  out  the  observances  of 
civilization.  Her  scholars  and  high  Minist^ers  of  State  have  practiced 
the  principles  of  Confucianism  and  have  always  understood  the  mean- 
ing of  '^  self-respect." 

But  the  ignorant  people  of  the  rustic  districts,  not  knowing  the 
underlying  principles  of  matters,  have  beaten  and  insulted  the  mis- 
sionaries and  destroved  their  churches.     This  condition  of  affairs  can 


«See  also  on  this  question  the  two  Imperial  edicts  of  February  1,  1901,  supra  pp. 
87-90. 

422 


TBEATIES  AND  OONVENTIOi^S  WITH  CHINA  AND  KOREA.      423 

not,  on  any  account,  be  allowed  to  continue.  Let  the  authorities  of 
Shan-tung  take  action  in  good  earnest  to  suppress  such  acts  and  use 
every  endeavor  to  protect  the  missionaries. 

Let  all  the  Tartar  GeneAls,  Viceroys  and  Governors  of  the  various 
provinces  take  heed  that  whenever  the  people  assemble  together  for 
purpose  of  causing  trouble  to  the  missionaries  they  must  take  action 
in  the  matter  as  commanded  by  Imperial  decree  of  July,  1891.  Should 
there  be  any  further  procrastination  or  idleness  shown  in  the  discharge 
of  their  duties,  the  negligent  officials  will  be  severely  punished  and 
not  the  least  leniency  will  be  shown  them. 


No.  64. 
CJUNA. 

.  OFFICIAL    INTERCJOURSE    BETWEEN    CHINESE    LOCAL    AUTHORITIES 
AND  ROMAN  CATHOLIC  MISSIONARIES,  a 

Submitted  to  the  Emperor  by  the  Tsunq-li  YamAn,  March  26,  1899. 
Approved  by  the  Emperor,  March  25,  1899. 

[Translation.] 

China  has  long  ago  given  her  consent  to  the  establishment  of  Mission 
stations  of  the  Roman  Catholic  religion  in  the  various  provinces. 
With  the  desire  of  maintaining  peaceful  relations  between  ordinary 
Chinese  subjects  and  the  converts,  and  of  faci^tating  protective  meas- 
ures, the  following  proposals  as  to  the  reception  of  missionaries  by 
local  officials  are  submitted: — 

1.  To  define  the  various  ranks  of  missionaries. 

Bishops  rank  with  Governors-General  and  Governors.  They  may 
ask  for  interviews  with  these  officers.  If  a  Bishop  returns  to  his 
country  or  vacates  his  post  on  account  of  sickness,  the  priest  who  acts 
for  him  can  also  ask  for  interviews  with  the  Governor-General  and 
Governor. 

Provicaires  and  Head  Priests  can  ask  for  interviews  with  Treasurers, 
Judges,  and  Taotais.  Other  priests  can  ask  for  interviews  with  Pre- 
fects and  Magistrates. 

The  Chinese  officials  of  all  ranks  above  mentioned  will  return  the 
courtesy  in  accordance  with  the  i*ank  of  the  priest. 

2.  Bishops  must  furnish  the  provincial  authorities  with  a  list  giving 
the  names  of  the  priests  deputed  to  transact  international  business 
with  the  Chinese  officials,  and  of  the  places  where  missions  are  estab- 
lished, so  that  the  provincial  authorities  can  instruct  their  subordi- 
nates to  treat  with  such  priests  according  to  these  regulations. 

All  those  priests  who  ask  for  interviews,  and  those  specially  deputed 
to  transact  such  business,  must  be  Westerners,  but  in  cases  in  which 
the  Western  Priest  cannot  speak  Chinese,  a  Chinese  priest  may 
interpret. 

a  British  Parliamentary  Blue  Book,  China  No.  1  {1900)  ^  p.  142.  For  French  text 
see  Cordier  Hist,  des  relat,  III,  pp.  469-471. 

424 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      425 

3.  In  cases  in  which  the  Bishop  lives  away  from  the  provincial  capi- 
tal, he  need  not  naturally  go  to  the  said  capital  to  ask  for  an  interview 
with  the  Governor-General  or  Governor  without  cause.  On  occasions 
of  a  change  of  Governors  or  Bishops,  or  of  New  Year's  congratula- 
tions, the  Bishop  may  write  to  the  provincial  authorities  or  send  his 
card  as  a  matter  of  courtesy,  and  the  provincial  authorities  will 
reciprocate. 

In  cases  of  change  of  priests,  the  newcomer  must  have  a  letter  from 
the  Bishop,  before  he  can  ask  for  interviews  with  the  Chinese  officials 
as  above. 

4.  In  grave  cases  connected  with  the  mission,  Bishops  and  priests 
must  request  the  Minister  of  the  nation  specially  intrusted  by  the 
Pope  with  the  protection  of  Roman  Catholic  missionaries  or  the  Consul 
of  that  nation  to  arrange  the  aflfairs  with  the  Tsung-li  YamSn  or  the 
local  officials.  They  may  also  discuss  and  arrange  the  matter  in  the 
first  instance  with  the  local  officials,  so  as  to  avoid  complications.  The 
local  officials,  when  applied  to  in  such  cases,  must  at  once  discuss  and 
arrange  the  affair  in  an  equitable  and  friendly  manner. 

5.  The  local  officials  must,  as  occasion  arises,  exhort  and  constrain 
the  ordinary  Chinese  to  look  upon  the  converts  as  comrades,  and  not 
to  pick  quarrels  with  them. 

The  Bishops  and  priests  on  their  side  must  instruct  their  converts 
to  lead  blameless  lives,  and  so  preserve  the  good  name  of  the  religion 
and  the  respect  and  goodwill  of  the  non-converts. 

Should  lawsuits  arise  between  converts  and  others,  the  local  authori- 
ties must  decide  the  same  with  impartiality.  The-  priests  must  not 
Interfere  or  favour  their  people.  Thus  it  may  be  hoped  that  converts 
and  people  will  live  together  on  friendly  terms. 

The  same  day  the  Imperial  assent  was  given. 


^-A.IiT    11. 


KOREA. 


I. 

TREATIES,  ARRANGEMENTS,  PROTOCOLS. 

ARRANGED  CHRONOLOGICALLY. 


427 


No.  65. 

JAPAN. 

TREATY  OF  ALLIANCE  BETWEEN  JAPAN  AND  KOREA. 

Signed  at  Seoul,  August  26,  1894. 

In  view  of  the  fact  that  on  the  26th  of  July,  1894,  the  Korean  Gov- 
ernment entrusted  His  Imperial  Majesty's  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  SOul,  Korea,  with  the  expulsion,  on  their 
behalf,  of  Chinese  soldiers  from  Korean  territory,  the  Governments 
of  (Tapan  and  Korea  have  been  placed  in  a  situation  to  give  mutual 
assistance  both  offensive  and  defensive.  Consequently  the  undersigned 
Plenipotentiaries,  dulj^  authorized  by  their  respective  Governments, 
have,  with  a  view  of  defining  the  fact  and  of  securing  in  the  premises 
concerted  action  on  the  paH  of  the  two  countries,  agreed  to  the  fol- 
lowing Articles: — 

Article  I.  The  object  of  the  alliance  is  to  maintain  the  Independ- 
ence of  Korea  on  a  firm  footing  and  to  promote  the  respective  inter- 
ests of  both  Japan  and  Korea  by  expelling  Chinese  soldiers  from 
Korean  territory. 

Article  11.  Japan  will  undertake  all  warlike  operations  against 
China,  both  offensive  and  defensive,  while  Korea  will  undertake  to 
give  every  possible  facility  to  Japanese  soldiers  regarding  their  move- 
ments and  supply  of  provisions. 

Article  111.  This  treaty  shall  cease  and  determine  at  the  conclu- 
sion of  a  Treaty  of  Peace  with  China. 

In  witness  whereof,  the  Plenipotentiaries  of  the  two  countries,  have 
signed  the  treat}'^  and  hereunto  affixed  their  seals. 
Done  at  SOul  this  26th  day  of  August,  1894. 

Keisuke  Otori, 
II,  L  J,  Wh,  Envoy  Krtracn^dinary 
and  Minister  Plenipotentiary, 
Kim  In  Shiouku, 
H,  K.  JiTs.  Minister  for  Foreign  Affairs, 

429 


No.  66. 

JAPAN  AKD  RUSSIA.^ 

MEMORANDUM  SIGNED  BY  THE  JAPANESE  AND  RUSSIAN  REPRE- 
SENTATIVES, RELATIVE  TO  KOREAN  AFFAIRS. 

Signed  at  Sboul,  May  14,  1896. 

The  Representatives  of  Russia  and  Japan  at  SOul,  having  conferred 
under  the  identical  instructions  from  their  respective  Governments, 
have  arrived  at  the  following  conclusions: — 

Art.  I.  While  leaving  the  matter  of  His  Majesty  the  King  of  Korea's 
return  to  the  palace  entirely  to  his  own  discretion  and  judgment,  the 
representatives  of  Russia  and  Japan  will  friendly  advise  his  Majesty 
to  return  to  that  place  when  no  doubts  concerning  his  safety  could  be 
entertained. 

The  Japanese  representative  on  his  part  gives  the  assurance  that  the 
most  complete  and  effective  measures  will  be  taken  for  the  control  of 
Japanese  hosJiL 

II.  The  present  Cabinet  Ministers  have  been  appointed  by  his 
Majesty  of  his  own  free  will,  and  most  of  them  held  Ministerial  or 
other  high  offices  during  the  last  two  vears  and  are  known  to  be  liberal 
and  moderate  men.  The  two  Representatives  will  always  aim  at  recom- 
mending his  Majesty  to  appoint  liberal  and  moderate  men  as  Ministers, 
and  to  show  clemency  to  his  subjects. 

III.  The  Representative  of  Russia  quite  agrees  with  the  Represent- 
ative of  Japan  that  in  the  present  state  of  affairs  in  Korea  it  may  be 
necessary  to  have  Japanese  guards  stationed  at  some  places  for  the 
protection  of  the  Japanese  telegraph  line  between  Fusan  apd  SOul,  and 
that  these  guards,  now  consisting  of  three  companies  of  soldiers,  should 
be  withdrawn  as  soon  as  possible  and  replaced  by  gendarmes  who  will 
be  distributed  as  follows: — 

•Fifty  men  at  Taiku,  60  men  at  Kaheung,  and  10  men  each  at  10 
intermediate  posts  between  Fusan  and  SOul.  This  distribution  may  be 
liable  to  some  changes,  but  the  total  number  of  the  gendarmes  force 
shall  never  exceed  200  men,  who  will  afterwards  gradually  be  with- 
drawn from  such  places  where  peace  and  order  have  been  restored  by 
the  Korean  Government. 

a  British  and  Foreign  StaU  Papers^  Vol.  LXXXVIII,  pp.  472-473. 
430 


TREATIES  AKD  CONVENTIONS  WITH  CHINA  AND  KOREA.      481 

rV.  For  the  protection  of  the  Japanese  settlements  at  SOul  and  the 
open  ports  against  possible  attacks  by  the  Korean  populace,  two  com- 
panies of  Japanese  troops  may  be  stationed  at  SOul,  one  company  at 
Fosan  and  one  at  Oensan,  each  company  not  to  exceed  200  men.  These 
troops  will  be  quartered  near  the  Settlements,  and  shall  be  withdrawn 
as  soon  as  no  apprehension  of  such  attacks  could  be  entertained. 

For  the  protection  of  the  Russian  Legation  and  Consulates^  the  Rus- 
sian Government  may  also  keep  guards  not  exceeding  the  number  of 
Japanese  troops  at  these  places,  and  which  will  be  withdrawn  as  soon 
as  tranquillity  in  the  interior  is  completely  restored. 
Soul,  May  14,  1896. 

C.  Waeber, 
Repreaentatwe  of  Russia. 

Komura, 
Representatwe  of  Japan. 


No.  67. 

JAPAN  AND  RUSSIA. 

ARRANGEMENT  BETWEEN  RUSSIA  AND  JAPAN,  RELATIVE  TO  AFFAIRS 

IN  KOREA,  a 

Signed  at  Moscow,  June  9,  1896. 

Protocol. 

The  Secretary  of  State,  Prince  Lobanoff  Rostovsky,  Minister  of 
Foreign  Affairs  for  Russia,  and  the  Marshal  Marquis  Yamagata, 
Anoibassador  Extraordinary  of  his  Majesty  the  Emperor  of  Japan, 
having  exchanged  views  on  the  situation  of  Korea,  have  concluded 
the  following  articles: — 

Art.  I.  The  Russian  and  Japanese  Governments,  with  a  view  of 
remedying  the  financial  embarrassment  of  Korea,  will  advise  the 
Korean  Government  to  suppress  all  useless  expenditure,  and  to  estab- 
lish an  equilibrium  between  the  expenses  and  the  revenue.  If,  as  the 
result  of  admittedly  indispensable  reforms,  it  should  become  necessary 
to  have  recourse  to  foreign  loans,  the  two  Governments  will  lend  by 
mutual  accord  their  assistance  to  Korea. 

II.  The  Russian  and  Japanese  Governments  will  endeavour  to  leave 
to  Korea,  so  far  as  the  financial  and  economical  situation  of  that  coun- 
try will  permit  them  to  do  so,  the  creation  and  maintenance  of  an 
armed  force  and  of  a  native  police  in  sufficient  proportions  to  maintain 
internal  order  without  foreign  aid. 

III.  With  the  view  of  facilitating  communications  with  Korea,  the 
Japanese  Government  will  continue  to  administer  the  telegraph  lines 
which  are  at  the  present  moment  in  its  hands. 

Russia  reserves  the  right  to  establish  a  telegraph  line  from  SOul  to 
her  own  frontier. 

These  different  lines  may  be  bought  back  by  the  Korean  Govern- 
ment as  soon  as  it  has  the  means  of  doing  so. 

IV.  In  the  event  of  any  of  the  principles  herein  set  forth  requiring 
a  more  precise  and  more  detailed  definition;  or  if  other  points  should 
arise  on  which  it  would  be  necessary  to  agree,  the  Representatives  of 
the  two  Governments  shall  be  charged  to  consider  the  matter  in  a 
friendly  sense. 

Done  at  Moscow,  May  28  (June  9),  1896. 

Lobanoff. 
Yamagata. 


«  Journal  de  St.  Peter8l>onrg^  February  13/25, 1897.     See  also  British  and  Foreign  State 
Papers,  Vol.  LXXXVIII,  pp.  471-472. 

432 


No.  68. 
JAPAN  AND  RUSSIA. 

AGREEMENT  RELATIVE  TO  INDEPENDENCE  OF  KOREA  AND  NEUTRAL 

RIGHTS. « 

Signed  at  Tokio,  April  25,  1898. 
[TrauBlation.] 

Baron  Rosen,  State  Councillor,  Chamberlain,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  of  the  Emperor  of  All  the  Cassias,  and 
Baron  Nissi,  Minister  for  Foreign  Affairs  of  His  Majesty  the  Emperor 
of  Japan,  in  order  to  give  effect  to  Article  IV.  of  the  Protocol  signed 
at  Moscow  on  ^n^g^  1896,  between  the  Secretary  of  State  Prince  Lob- 
anoff  and  the  Marquis  Yamagata — being  duly  authorised  to  that  effect, 
have  agreed  to  the  following  Articles: — 

Article  I. — The  Imperial  Governments  of  Kussia  and  Japan  recog- 
nise definitely  the  Sovereignty  and  entire  independence  of  Korea,  and 
pledge  themselves  mutually  to  abstain  from  all  direct  interference  in 
the  internal  affairs  of  that  country. 

II. — Desiring  to  remove  all  possible  cause  of  misunderstanding  in 
the  future,  the  Imperial  Governments  of  Russia  and  Japan  pledge 
themselves  mutually,  in  the  event  of  Korea  having  recourse  to  the 
advice  and  assistance,  either  of  Russia  or  of  Japan,  to  take  no  measure 
in  respect  to  the  appointment  of  military  instructors  or  financial 
advisers,  without  arriving  beforehand  at  a  mutual  agreement  on  this 
subject. 

III. — In  view  of  the  wide,  development  taken  by  the  commercial  and 
industrial  enterprises  of  Japan  in  Korea,  as  well  as  the  large  number 
of  Japanese  subjects  residing  in  that  coimtry,  the  Russian  Government 
will  not  hinder  the  development  of  commercial  and  industrial  relations 
between  Japan  and  Korea. 

Done  at  Tokyo  in  duplicate  the  13/25  April,  1898. 

Rosen. 
Nissi. 

a  French  text  in  Briiish  and  Foreign  State  Papers,  XCII,  1068. 
27938-04 2S  433 


No.  69. 

CHINA, 

TREATY  BETWEEN  KOREA  AND  CHINA. 

Signed  Seftbmber«11,  1899. 
Ratifications  exchanged  December  — ,  1899. 

His  Majesty  the  Emperor  of  Korea  and  His  Majesty  the  Emperor 
of  China,  being  sincerel}^  desirous  of  establishing  permanent  relations 
of  harmony  and  friendship  between  their  respective  subjects,  have 
resolved  to  conclude  a  treaty  for  that  purpose,  and  have  therefore 
named  as  their  plenipotentiaries,  that  is  to  say: 

His  Majesty  the  Emperor  of  Korea,  Pak  Chai  Sun,  Korean  minister 
of  foreign  affairs,  minister  of  the  council  of  state,  etc.,  His  Majesty's 
minister  plenipotentiary; 

His  Majesty  the  Emperor  of  China,  Hsii  Shou  Peng,  an  oflScial  of 
the  second  grade,  director  of  the  imperial  stud.  His  Majesty's  minister 
plenipotentiary ; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  due  and  good  form,  have  agreed  upon  and  concluded 
the  following  commercial  treaty: 

Article  I. 

There  shall  be  perpetual  peace  and  friendship  between  the  Empire 

of  Korea  and  the  Empire  of  China,  and  between  their 

'**^oodoffioei^^^'    ^'^spective  subjects,  who  shall  enjoy  equally  in  the 

respective  countries  of  the  High  Contracting  Parties 

full  protection  and  the  advantages  of  favorable  treatment. 

If  other  powers  should  deal  unjustly  or  oppressively  with  either 
Government,  the  other,  on  being  informed  of  the  case,  will  exert  their 
good  offices  to  bring  about  an  amicable  arrangement,  thus  showing 
their  friendly  feelings. 

Article  II. 

After  the  conclusion  of  this  treaty  of  amity  and  commerce,  the  High 

Contracting  Parties  may  each  appoint  diplomatic  rep- 

^'^J!S!totiveS^""    resentatives  to  reside  at  the  court  of  the  other,  and  may 

each  appoint  consular  representatives  at  the  ports  of  the 

other  which  are  open  to  foreign  commerce,  at  their  own  convenience. 

434 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      435 

These  oflScials  shall  have  relations  with  the  corresponding  local 
authorities  of  equal  rank  upon  a  basis  of  mutual  equality. 

The  diplomatic  and  consular  representatives  of  the  two  Governments 
shall  enjoy  mutually  all  the  privileges,  rights,  and  immunities,  without 
discrimination,  which  are  accorded  to  the  same  class  of  representatives 
from  the  most  favored  nation. 

Consuls  shall  exercise  their  functions  only  on  receipt 

Gouiiiar  repre-  ^f  ^^  exequatur  from  the  Government  to  which  they 
are  accredited. 

No  restrictions  or  diflSculties  shall  be  imposed  upon  the  movement 
of  the  members  of  the  official  establishments  of  either  country  or 
upon  messengers  carrying  official  dispatches. 

Consular  authorities  shall  be  bona  fide  officials.  No  merchant  shall 
be  permitted  to  exercise  the  duties  of  the  office,  nor  shall  consular 
officers  be  allowed  to  engage  in  trade. 

At  ports  to  which  no  consular  representatives  have  been  appointed 
the  consuls  of  the  other  powers  may  be  invited  to  act,  provided  that 
no  merchant  shall  be  allowed  to  assume  consular  functions. 

If  the  consular  representatives  of  either  country  conduct  their  busi- 
ness in  an  improper  manner,  they  shall  be  withdi-awn  on  notice  being 
given  to  the  diplomatic  representatives  of  the  country  concerned. 

Article  III. 

Merchants  and  merchant  vessels  of  Korea  visiting  Chinese  treaty 
ports  for  purpose  of  trade  shall  pay  import  and  export 

Merohante,mer-  duties  and  tonnage  dues  and  all  other  charges  accord- 
ing to  the  Chinese  customs  regulations  and  on  the 
same  terms  as  the  similar  duties  levied  on  the  subjects  of  the  most 
favored  nation. 

Chinese  merchants  and  merchant  vessels  visiting  Korean  treaty 
ports  for  purposes  of  trade  shall  pay  import  and  export  duties  and 
tonnage  dues  and  all  other  charges  according  to  the  Korean  customs 
regulations  and  upon  the  same  terms  as  the  duties  levied  upon  the 
subjects  of  the  most  favored  nation. 

The  subjects  of  both  powers  shall  be  allowed  to  resort  for  purposes 
of  trade  to  all  the  open  ports  in  the  dominion  of  the  other. 

Regulations  for  the  conduct  of  trade  and  the  customs  tariff  shall  be 
those  enjoyed  by  the  most  favored  nation. 

Article  IV. 

1.  Subjects  of  Korea  who  may  proceed  to  the  Chinese  open  ports  may 
reside  and  rent  premises  or  lease  land  and  erect  ware- 

poS?  *  ^^^  houses  as  they  please  within  the  limits  of  the  settle- 
ments.    They  shall  be  at  liberty  to  traffic  in  all  kinds 

of  native  produce,  in  all  manufactured  goods,  and  in  all  articles  that 

are  not  declared  contraband. 


486     TBEATIE9  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

Subjects  of  China  who  may  proceed  to  the  Korean  open  ports  may 
reside  and  rent  premises  or  lease  land  and  erect  warehouses  as  they 
please  within  the  limits  of  the  settlements.  They  shall  be  at  liberty  to 
traflSc  in  all  kinds  of  native  produce,  in  all  manufactured  goods,  and 
in  all  articles  that  are  not  declared  contraband. 

2.  All  questions  affecting  the  renting  of  land,  the  building  of  houses, 
the  laying  out  of  cemeteries,  the  payment  of  rent  and  taxes,  and  other 
matters  of  a  similar  nature  at  the  treaty  ports  of  either  country  are  to 
be  determined  in  accordance  with  the  settlement  and  municipal  council 
regulations  of  the  ports,  which  must  not  be  infringed. 

If  there  is,  in  addition  to  a  general  foreign  settlement  at  treaty  port 
in  either  country,  a  settlement  under  the  separate  control  of  a  foreign 
power,  questions  affecting  the  renting  of  land  and  similar  matters  shall 
be  governed  by  the  regulations  of  the  settlement,  which  must  not  be 
infringed. 

3.  Chinese  subjects  shall  enjoy  all  benefits  and  advantages  granted 

to  foreigners  with  reference  to  the  leasing  or  purchase 
piirSaainj?ian^      of  land  or  houses  beyond  the  limits  of  the  foreign 

settlements  at  the  treaty  ports  of  Korea.  But  all 
lands  so  occupied  shall  be  subject  to  such  conditions  as  to  the  observ- 
ances of  Korean  local  regulations  and  payment  of  land  tax  as  the 
Korean  authorities  m^  see  fit  to  impose. 

Korean  subjects  shall  enjoy  all  benefits  and  advantages  granted  to 
foreigners  with  reference  to  the  leasing  or  purchase  of  land  or  houses 
beyond  the  limits  of  the  foreign  settlements  at  the  treaty  ports  of 
China.  But  all  lands  so  occupied  shall  be  subject  to  such  conditions 
as  to  the  observance  of  Chinese  local  regulations  and  the  payment  of 
land  tax  as  the  Chinese  authorities  may  see  fit  to  impose. 

4.  The  subjects  of  neither  country  shall  be  permitted  to  rent  land  or 
houses  or  open  warehouses  beyond  the  limits  of  the  area  open  to 
foreign  trade  at  the  treaty  ports  of  the  High  Contracting  Parties.  The 
penalty  for  a  breach  of  this  stipulation  shall  be  the  confiscation  of  the- 
land  and  a  fine  of  twice  their  original  value. . 

5.  No  coercion  or  intimidation  in  the  acquisition  or  lease  of  land 
shall  be  permitted  and  the  land  so  occupied  shall  remain  an  integral 
part  of  the  State. 

6.  If  merchandise  is  sent  by  the  subjects  of  one  of  the  High  Contract- 
ing Parties  from  one  treaty  port  in  the  other  country  to  another  treaty 
port  in  the  same  country  it  shall  be  subject  to  the  same  dues  and  duties, 
prohibitions  and  regulations  as  obtain  in  the  case  of  the  subjects  of  the 
most  favored  nation. 


TREATIES  AND  OONVEliTIONS  WITH  CHINA  AND  KOBBA.      437 

Article  V. 

1.  A  Chinese  subject  who  commits  any  oflfense  in  Korea  shall  be 

tried  and  punished  by  the  Chinese  consular  authorities 
erimea.      ^^^   *     according  to  the  laws  of  China. 

A  Korean  subject  who  commits  any  offense  in  China 
shall  be  tried  and  punished  by  the  Korean  consular  officials  according 
to  the  laws  of  Korea. 

A  Chinese  subject  who  commits  any  offense  against  the  life  or  prop- 
erty of  a  Korean  in  China  shall  be  tried  and  punished  by  the  Chinese 
authorities  according  to  the  laws  of  China. 

A  Korean  subject  who  commits  any  offense  against  the  life  or  prop- 
erty of  a  Chinese  in  Korea  shall  be  tried  and  punished  by  the  Korean 
authorities  according  to  the  laws  of  Korea. 

When  controversies  arise  between  the  subjects  of  the  two  countries 

--.    .  they  shall  be  decided  by  the  proper  official  of  nation- 

ality of  the  defendant  according  to  the  laws  of  that 
country. 

The  properly  authorized  official  of  the  plaintiff's  nationality  shall  be* 
permitted  to  attend  the  trial  and  watch  the  proceedings,  and  shall  be 
treated  with  the  courtesy  due  to  his  position.  If  he  so  desires,  he  shall 
have  the  right  to  call  and  examine  witnesses,  and  if  he  is  dissatisfied 
with  the  proceedings  he  shall  be  permitted  to  protest  against  them  in 
detail. 

2.  If  a  subject  of  one  of  the  High  Contracting  Parties  who  has  com- 
«  -  mitted  an  offense  against  the  laws  of  his  country  takes 

refuge  on  the  premises  or  on  board  a  ship  owned  by  a 
subject  of  the  other  the  local  officials,  after  having  notified  the  consular 
authorities,  shall  send  police  to  assist  in  having  the  offender  arrested 
and  brought  to  justice.  The  authorities  of  the  nationality  of  the 
offender  shall  try  the  case.  No  protection  or  concealment  of  any  such 
person  shall  be  permitted. 

3.  If  a  subject  of  one  of  the  High  Contracting  Parties  who  has  com- 
Bztnidition         mitted  an  offense  against  the  laws  of  his  country  takes 

refuge  in  the  dominions  of  the  other  the  authorities  of 
the  latter  country,  on  receiving  an  application,  shall  discover  and  hand 
over  such  person  to  his  country  for  trial.  No  concealment  or  protec- 
tion of  any  such  person  shall  be  permitted. 

4.  When  in  the  subject  of  either  of  the  High  Contracting  Parties  the 

laws  and  legal  procedure  of  the  other  shall  have  been 
fatra  Territori-    g^  f^^  modified  and  reformed  as  to  remove  the  present 
existing  objections,  the  right  of  extra  territorial  juris- 
dictions shall  be  relinquished. 


488     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

Article  VI. 

In  China  the  export  of  rice  and  grain  to  foreign  countries  has  always 

been  prohibited.     There  is  no  prohibition  of  this  kind 

Export  of  rioe   j^  Korea,  but  it  is  agreed  that- whenever  there  is  reason 
and  grain.  ® 

to  apprehend  a  scarcity  of  food  within  the  limits  of 

the  Empire  a  prohibition  against  the  export  of  rice  and  grain  may  be 

enforced,  and  shall  be  binding  upon  Chinese  subjects  when  it  shall 

have  been  officially  communicated  by  the  Korean  local  authorities  to 

the  Chinese  authorities  concerned. 

Article  VII. 

If  the  subjects  of  either  of  the  High  Contracting  Parties  in  their 
commercial  dealings  with  each  other  are  guilty  of  fraud 
af  •  d\ti^^*^^   ^^  make  fictitious  sales,  or  do  not  pay  their  debts,  the 
authorities  of  both  Powers  shall  use  stringent  meas- 
ures to  arrest  the  oifenders  and  obtain  payment  of  the  debts. 
,    The  Governments  of  the  High  Contracting  Powers  shall  not  be 
responsible  for  debts  of  this  nature. 

Article  VIII. 

Chinese  subjects  shall  have  the  right  to  travel  under  passports  in 
the  interior  of  Korea  for  purposes  of  pleasure  or 

***^'  '  trade.     They  are,  however,  forbidden  to  reside  or  to 

open  establishments  for  trade  there.  The  penalties  for  a  breach  of 
this  stipulation  are  the  confiscation  of  the  goods  and  a  fine  of  twice 
their  original  value. 

Korean  subjects  shall  have  the  right  to  travel  under  passports  in  the 
interior  of  China  for  purposes  of  pleasure  or  trade,  and  shall  receive 
most  favored  nation  treatment  in  this  respect. 

Article  IX. 

The  purchase  of  arms,  munitions,  and  implements  of  war,  as  ord- 
nance or  cannon,  shot  and  shell,  firearms  of  all  kinds, 
tij„^g,     '  "    cartridges,  sidearms,  spears  or  pikes,  saltpeter,  gun- 

powder, gun  cotton,  dynamite,  and  other  explosive 
substances  is  permitted  only  to  the  officials  of  the  two  Contracting 
Powers,  and  they  may  be  imported  by  the  subjects  of  either  only  under 
a  written  permit  issued  by  the  officials  of  the  country  into  which  they 
are  imported. 

If  these  articles  are  clandestinely  imported  or  sold  they  shall  be  con- 
fiscated and  the  offending  party  fined  twice  their  original  value. 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.   439 

The  import  of  opium  into  Korea  is  prohibited,  and  if  either  foreign 
...        or  Chinese  grown  opium  is  imported  by  Chinese  sub- 
into  Korea,  export   jects  it  shall  be  confiscated  and  the  offending  party 
of  red  ginieng    gj^^j  twice  its  original  value. 

The  export  of  red  ginseng  from  Korea  has  always 
been  prohibited.  If  Chinese  subjects  clandestinely  buy  and  export  it 
without  the  special  permission  of  the  Korean  Government,  it  shall  be 
seized  and  confiscated  and  the  offenders  punished  as  circumstances  may 
require. 

Article  X. 

Whenever  vessels  of  either  of  the  two  Contracting  States  are  detained 
Porte  of  refoce    ^°  *^®  coast  of  other  through  stress  of  weather  or  want 
of  fuel  or  provisions  they  may  enter  any  port  or  har- 
bor either  to  take  refuge  therein  or  to  get  supplies,  or  to  make  repair; 
the  expenses  incurred  thereby  being  defrayed  by  the  ship's  master. 
In  such  event  the  officers  and  people  of  the  locality  shall  render  all  the 
assistance  in  their  power  and  furnish  the  necessaries  required. 
If  a  vessel  trades  clandestinely  at  a  port  not  open  to  commerce,  or 
at  any  place  where  she  is  forbidden  to  proceed,  the 
trade*     *       ^^    vessel,  with  her  cargo,  whether  any  trade  has  actually 
taken  place  or  not,  shall  be  seized  and  confiscated  by 
the  local  authorities  and  the  nearest  customs  officials,  and  the  offenders 
shall  incur  a  fine  of  twice  their  original  value. 
Should  a  vessel  of  either  Power  be  wrecked  on  the  coast  of  the  other, 
the  local  authorities,  on  being  informed  of  the  occur- 

Wrecke,  their    pence,  shall  immediately  render  assistance  to  the  crew, 
eargoee  ana  crewe.  -j*  i..,.  ,         , 

provide  for    their  immediate   necessities,   and    take 

requisite  measures  for  the  salvage  of  the  ship  and  the  preservation  of 
her  cargo.  They  shall  also  bring  the  matter  to  the  knowledge  of  the 
nearest  consular  representative,  in  order  that  steps  may  be  taken  to 
send  the  crew  home  and  to  save  the  ship  and  her  cargo.  The  neces- 
sary expenses  shall  be  defrayed  either  by  the  ship's  master  or  by  the 
authorities  of  the  nationality  of  the  vessel  concerned. 

Article  XI. 

The  officers  and  people  of  either  Power  residing  at 
Rnpioyment  of   trading  places  in  the  dominions  of  the  other  shall  have 
the  right  to  employ  natives  in  any  lawful  capacity. 

Article  XII. 

After  the  present  treaty  has  been  concluded,  a  tariff  and  rules  shall 

be  drawn  up  to  regulate  the  frontier  ti'ade  which  has 

Un^^ienOn^'    ^^^^^^  ^®"  carried  on  between  the  two  Empires. 

All  persons  who  have  already  crossed  the  frontier  and 


440     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

reclaimed  ground  shall  be  allowed  to  pursue  their  avocations  in  peace 
and  enjoy  protection  for  their  lives  and  property. 

From  this  time  forward  migration  across  the  fron- 

Migration.  tier  shall  be  prohibited  on  both  sides  in  order  to  avoid 

complications. 

The  question  of  the  determination  of  the  site  of  a 

Frontier  mart,      trade  mart  is  reserved  for  discussion  and  settlement 

when  the  frontier  rules  come  to  be  drawn  up. 

Article  XIII. 

The  ships  of  war  of  each  country  shall  be  at  liberty 
Ships  of  war.       to  visit  all  the  ports  of  the  other  whether  open  to 

foreign  trade  or  not. 
They  shall  not  be  permitted  to  clandestinely  import  merchandise. 
Supplies  of  all  kinds  for  ships  of  war  of  either  country  shall  not  be 
liable  to  the  payment  of  duties. 

Officers  and  men  of  the  ships  of  war  of  either  country  may  land 
anywhere  in  the  territories  of  the  other,  but  shall  not  proceed  into 
the  interior  unless  they  are  provided  with  passports. 

If  articles  used  on  board  ship  are  for  any  reason  sold,  the  purchaser 
shall  pay  the  proper  duty. 

Article  XIV. 

The  present  treaty  shall  be  ratified  by  His  Majesty  the  Emperor  of 
Korea  and  His  Majesty  the  Emperor  of  China  under  their  hands  and 
seals,  and  the  ratifications  shall  be  exchanged  at  Seoul  within  one  year 
at  the  latest  from  the  date  of  signature,  and  immediately  thereafter 
this  treaty  shall  be  in  all  its  provisions  publicly  proclaimed  and  made 
known  by  both  Governments  in  their  respective  countries,  in  order 
that  it  may  be  obeyed  by  their  subjects,  respectively. 

Article  XV. 

The  Chinese  written  character  being  conunon  to  both  Korea  and 
China,  this  treaty  and  future  official  correspondence  shall  be  made  in 
Chinese  for  the  sake  of  clearness. 

HsC  Shou  Peng, 

Envoy  Extraordinary  and  Minister  Plenipotentiary  2^  Rank. 
Director  of  the  Imperial  Stud.  For  His  Majesty  the  Em- 
peror of  China,  7th  day,  8th  moon,  25th  year  of  Kuang  Su. 

Pak  Chai  Sun, 

Envoy  Extraordinary  and  Minister  Plenipotentiary.  Minis- 
ter for  Foreign  Affairs  and  Councillor  of  State.  11th  Sep- 
tember, 1899.     3d  year  of  Kwang  Mu. 


No.  70. 

JAPAN. 

PROTOCOL  BETWEEN  JAPAN  AND  KOREA. 
Signed  at  Seoul,  February  23,  1904. 

M.  Gonsuke  Hayashi,  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary of  His  Majesty  The  Emperor  of  Japan  and  Major  General 
Yi  Chi-Yong,  Minister  of  State  for  Foreign  Aifairs  dd  interim  of  His 
Majesty  the  Emperor  of  Korea,  being  respectively  duly  empowered 
for  the  purpose,  have  agreed  upon  the  following  Articles: 

ARTicaL,E  I.  For  the  purpose  of  maintaining  a  permanent  and  solid 
friendship  between  Japan  and  Korea  and  firmly  establishing  peace  in 
the  Far  East,  the  Imperial  Government  of  Korea  shall  place  full 
confidence  in  the  Imperial  Government  of  Japan,  and  adopt  the 
advice  of  the  latter  in  regard  to  improvements  in  administration. 

ARTiciiE  II.  The  Imperial  Government  of  Japan  shall  in  a  spirit  of 
firm  friendship  ensure  the  safety  and  repose  of  the  Imperial  House  of 
Korea. 

Article  UI.  The  Imperial  Government  of  Japan  definitively 
guarantee  the  independence  and  territorial  integrity  of  the  Korean 
Empire. 

Article  IV.  In  case  the  welfare  of  the  Imperial  House  of  Korea 
or  the  territorial  integrity  of  Korea  is  endangered  by  aggression  of  a 
third  power  or  internal  disturbances,  the  Imperial  Government  of 
Japan  shall  immediately  take  such  necessary  measures  as  circumstances 
require,  and  in  such  case  the  Imperial  Government  of  Korea  shall  give 
full  facilities  to  promote  the  action  of  the  Imperial  Japanese  Govern* 
ment.  The  Imperial  Government  of  Japan  may  for  the  attainment  of 
the  above  mentioned  object  occupy  when  the  circumstances  require 
such  places  as  may  be  necessary  from  strategic  points  of  view. 

Article  V.  The  Governments  of  the  two  countries  shall  not  in 
future  without  mutual  consent  conclude  with  a  third  power  such  an 
arrangement  as  may  be  contrary  to  the  principles  of  the  present 
protocol. 

Article  VI.  Details  in  connection  with  the  present  Protocol  shall 
be  arranged  as  the  circumstances  may  require  between  the  representa- 
tive of  Japan  and  the  Minister  of  State  for  Foreign  Affairs  of  Korean 

Hatashi. 
Yi  Chi-Yong. 

441 


KOREA. 


II. 

CONTRACTS,  CONCESSIONS  FOR  RAILWAYS,  AND  MINING, 
REGULATIONS  CONCERNING  SAME. 

ARRANGED  CHRONOLOGICALLY. 


443 


No.  71. 

XTISnTED  STATES. 

DECREE  AND  AGREEMENT  FOR  WORKING  THE  UHNSAN  GOLD  MINES. 

July  2,  1895. 

Whereas  His  Majesty  the  King  of  Chosen  (Korea)  is  desirous  of 
having  the  mines  belonging  to  the  Royal  Household  developed 
according  to  modern  methods:  Now  for  that  purpose  He  decrees  and 
agrees: — 

1st.  That  He,  through  His  Department  of  the  Household,  associ- 
ates with  himself,  James  U.  Morse,  an  American  citizen,  and  his 
assigns,  as  a  company  for  the  prosecution  of  this  mining  work,  said 
association  to  be  known  as  the  Korean  Development  Company. 

2nd.  Said  Company  shall  have  as  a  first  privilege  the  right  for 
twenty-five  years  from  the  date  of  this  decree,  to  develop  and  operate 
a  gold  mine  or  mines  in  the  district  of  Uhnsan,  Province  of  (here 
appear  the  Chinese  names  of  Uhnsan)  Peng  Yang,  Kingdom  of  Chosen. 

3rd.  This  mine  or  these  mines  shall  be  selected  by  competent  engi- 
neers sent  for  the  purpose  by  said  James  R.  Morse,  or  his  assigns. 

4th.  The  said  mining  rights  shall  include  all  territory  within  the 
limits  of  said  district  of  Uhnsan. 

5th.  Within  said  limits  said  Company  shall  have  the  right  to  sink 
shafts  and  tunnels,  to  erect  engines  and  machinery,  and  conduct  all 
operations  necessarily  connected  with  the  aforesaid  mining  operations. 

6th.  Said  right  shall  include  the  right  to  mine  other  minerals  found 
within  these  limits. 

7th.  His  Majesty  the  King  of  Chosen,  through  His  Government, 
agrees  to  render  said  Company  all  possible  assistance  in  dealing  with 
the  native  people  and  in  affording  rights  of  way  for  transportation 
purposes. 

8th.  Foreigners  shall  be  allowed  to  be  employed  for  work  in  these 
mines  and  their  properties,  and  they  will  be  furnished  passports  and 
protection.  Natives  will  be  employed  to  as  great  an  extent  as  is  prac- 
ticable, and  they  will  be  given  all  due  facilities  by  said  Company  for 
acquiring  a  knowledge  of  mining  according  to  modem  methods. 

9th.  Said  Company  shall  have  a  capital  stock  of  one  hundred  thou- 
sand dollars  gold  ($100,000),  to  be  divided  into  one  hundred  (100) 
shares  of  one  thousand  dollars  gold  ($1000)  each.  Said  capital  stock 
may  be  increased  upon  a  majority  vote  of  the  share-holders  in  said 
company. 

10th.  Said  James  R.  Morse,  or  his  assigns,  shall  secure  the  capital 
for  the  development  and  operation  of  this  mine  or  these  mines. 

445 


446     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

11th.  Said  James  R.  Morse  or  his  assigns  shall  present  to  the 
Department  of  the  Royal  Household  for  His  Majesty  the  King  of 
Chosen,  twenty-five  (25)  paid-up  shares  in  said  Company. 

12th«  The  profits  arising  from  the  working  of  said  mines  shall  be 
first  applied  to  the  payment  of  money  advanced  for  machinery  and 
other  expenses  in  the  development  and  operation  of  said  mine  or 
mines,  and  after  the  same  is  paid  the  balance  shall  be  allotted  as  divi- 
dends to  each  share  equally. 

13th.  No  taxes  shall  be  levied  upon  these  mines  or  their  properties. 

14th.  All  materials  necessarily  imported  from  foreign  countries  for 
the  use  of  said  mine  or  mines  may  be  imported  free  of  duty. 

15th.  Said  Company  shall  hold  at  least  one  yearly  meeting  (each 
year)  of  the  share-holders,  at  which  meeting  each  share  shall  be  enti- 
tled to  one  vote,  a  majority  of  votes  being  necessary  for  a  decision. 
At  said  meeting  the  books  of  said  company  shall  be  open  for  inspec- 
tion. Any  changes  in  the  management  of  said  company  may  be  made 
upon  a  majority  vote  of  the  share-holders. 

16th.  Said  James  R.  Morse  shall  be  the  manager  of  said  Company 
until  such  time  as  the  majority  of  the  share-holders  shall  see  fit  to 
make  a  change  in  the  management,  said  manager  shall  have  power  to 
buy  all  supplies,  appoint  assistants,  employ  workmen,  and  to  attend 
to  all  the  business  and  operations  of  said  Company. 

17th.  His  Majesty,  the  King  of  Chosen,  may  have  an  oflicer  sta- 
tioned at  said  mine  or  mines,  to  look  after  His  interests  and  to  repre- 
sent Him.  Said  officer  may  inspect  the  books  of  the  Company  from 
time  to  time. 

18th.  Said  company  shall  agree  not  to  open  or  remove  any  existing 
graves  near  said  mine  or  mines  without  consent. 

19th.  This  decree  and  agreement  shall  become  inoperative  unless 
mining  operations  are  actually  begun  before  the  expiration  of  one 
year  from  the  date  hereof,  providing  always  that  such  delay  is  not 
caused  by  war  or  similar  cause  over  which  said  company  can  have  no 
yontrol,  in  which  case  an  extension  of  the  limiting  period  may  be 
mutually  agreed  upon  between  His  Majesty  the  King  of  Chosen,  and 
said  James  R.  Morse  or  his  assigns. 

20th.  A  translation  in  Chinese  shall  be  attached  to  this  decree  or 
agreement.  But  in  all  cases  of  dispute  it  is  understood  that  this  copy 
in  English  shall  be  regarded  as  the  authorized  version.  A  duplicate 
of  which  shall  be  signed  by  said  James  R.  Morse,  or  his  assigns,  and 
delivered  to  the  Department  of  the  Royal  Household  for  His  Majesty 
the  King  of  Chosen. 

Seoul,  Korea,  July  2,  1895. 
(Signed  in  English.) 

KiM  Chong  Han  (su). 
Acting  President  of  Household  DepartTnent. 


No.  72. 

GREAT  BRITAIN. 

MINING  CONTRACT  BETWEEN  THE  IMPERIAL  KOREAN  GOVERNMENT 
AND  MESSRS.  JAMES  VICTOR  BURN-MURDOCH  AND  JOHN  ALEXAN- 
DER HAY. 

Seftembbr  27,  1898. 

I.  Messrs.  J.  Victor  Burn-Murdoch  and  John  A.  Hay  or  their 
assigns  may  engage  a  mining  engineer  and  select  a  mining  place  within 
the  term  of  two  3'^ears  from  the  date  of  this  contract,  which  place  they 
can  work  under  the  conditions  as  set  forth  hereafter;  such  a  place  to 
be  60  Korean  It  long  and  40  Korean  li  wide. 

II.  In  the  place  thus  selected  Messrs.  J.  Victor  Bum-Murdoch  and 
John  A.  Hay  or  their  assigns  may  work  all  mines,  gold,  silver,  copper, 
coal,  and  all  other  minerals  or  precious  stones,  and  full  power  is  hereby 
granted  to  Messrs.  J.  Victor  Burn-Murdoch  and  John  A.  Hay,  or  their 
assigns  to  manage  all  such  mines  themselves,  and  no  concession  will 
be  granted  to  any  other  person  or  persons  for  the  place  after  it  is 
selected  by  Messrs.  J.  Victor  Burn-Murdoch  and  John  A.  Hay,  or 

4heir  assigns,  during  the  term  of  this  contract. 

ill.  Work  shall  commence  within  two  years  from  the  date  of  the 
signature  of  this  contract.  If  within  this  period  work  has  not  begun, 
then  this  contract  will  become  null  and  void,  but  in  case  of  dkUj  fm*€e 
majeure  this  contract  will  be  extended  for  a  period  equal  to  the  time 
during  which  the  force  majeure  existed.  Messrs.  J.  Victor  Burn- 
Murdoch  and  John  A.  Hay,  or  their  assigns,  will  inform  the  Imperial 
Korean  Government  through  H.  B.  M.  Charge  d' Affaires  one  month 
before  actual  work  commences. 

IV.  This  concession  is  given  for  the  term  of  seventy -five  years  from 
the  day  work  has  commenced. 

V.  During  the  time  a  place  is  being  selected  by  Messrs.  J.  Victor 
Burn-Murdoch  and  John  A.  Hay,  or  their  assigns,  the  Korean  Govern- 
ment may  grant  concessions  to  other  foreigners.  Permission  to  work 
a  mine  cannot  be  granted  to  Messrs.  J.  Victor  Burn-Murdoch  and 
John  A.  Hay,  or  their  assigns,  in  the  following  districts: — Yunghung, 
Kilchu,  TanchOn,  Pingyang,  Chairiong,  Suan  and  Hamhung,  which 
places  have  been  applied  for  and  refused  before  this  contract  was 
signed,  and  no  work  must  be  done  near  Imperial  tombs  and  temples 
and  near  large  towns. 

447 


448     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

VI.  The  necessary  capital  and  machinery,  tools  and  instruments, 
shall  be  provided  and  bought  by  the  said  J.  Victor  Burn-Murdoch  and 
John  A.  Hay,  or  their  assigns,  but  in  case  of  tools  or  materials  to  be 
used  for  the  mines  preference  shall  be  given  to  Korean  manufacture 
if  of  equally  good  quality  and  of  the  same  price.  The  Imperial 
Korean  Government  shall  not  be  responsible  for  any  debts  of  the 
mines  or  for  any  debts  in  connection  with  this  undertaking. 

VII.  Messrs.  J.  Victor  Burn-Murdoch  and  John  A.  Hay,  or  their 
assigns,  may  erect  godowns,  houses,  or  any  other  buildings  in  connec- 
tion with  this  undertaking  within  the  limits  stated  in  Article  1,  and 
they  may  build  roads  if  they  consider  them  necessary,  but  shall  pay 
for  all  land  taken  by  such  roads  and  all  damages  created  thereby. 

VIH.  All  establishments  and  branches,  the  roads,  lands,  and  the 
buildings  of  the  mining  works  are  by  this  concession  wholly  exempted 
from  every  kind  of  taxes  and  imposts  in  Korea;  all  material  necessary 
for  the  working  of  the  mines  will  enter  Korea  duty  free,  and  all 
products  from  the  mines  will  leave  Korea  duty  free. 

IX.  In  case  of  any  private  lands,  fields,  houses,  etc.,  being  required 
by  Messrs.  J.  Victor  Burn-Murdoch  and  John  A.  Hay,  or  their 
assigns,  in  connection  with  the  mining  work,  such  private  lands, 
fields,  houses,  etc.,  shall  be  purchased  by  the  said  J.  Victor  Burn- 
Murdoch  and  John  A.  Hay  or  their  assigns  at  reasonable  prices  at 
their  expense,  and  any  damages  must  also  be  paid  by  the  said  J.  Victor 
Burn-Murdoch  and  John  A.  Hay,  or  their  assigns.  Tombs  must  not 
be  interfered  with. 

X.  Of  the  net  profits  which  will  remain  after  deducting  all  expenses, 
Messrs.  J.  Victor  Burn-Murdoch  and  John  A.  Hay,  or  their  assigns, 
engage  to  pay  a  royalty  of  25%  (twenty-five  per  cent)  to  the  Imperial 
Korean  Government,  such  payment  to  be  made  half-yearly,  that  is  to 
say,  on  the  30th  of  June  and  31st  of  December  of  each  year.  The  cost 
of  the  machinery  in  the  mines  shall  not  be  regarded  as  ''expenses* 
and  shall  not  be  deducted  from  the  profits. 

XI.  The  Imperial  Korean  Government  shall  send  an  official  and 
establish  an  office  at  the  place  selected;  this  official  shall  have  the 
right  to  see  the  accounts,  to  watch  the  sale  of  any  products  from  the 
mines  and  to  look  after  the  interest  of  the  Imperial  Korean  Govern- 
ment, but  in  no  way  shall  he  have  the  right  to  interfere  with  the 
working  of  the  mines  or  the  sale  of  any  products  from  the  mines. 

XII.  Messrs.  J.  Victor  Burn-Murdoch  and  John  A.  Hay,  or  their 
assigns,  bind  themselves  to  engage  Korean  coolies  and  workmen  in 
proportion  of  90  in  100,  but  should  these  Koreans  not  be  suitable  for 
the  working,  then  Messrs.  J.  Victor  Burn-Murdoch  and  John  A. 
Hay,  or  their  assigns,  are  at  liberty  to  engage  foreign  workmen. 

XIII.  The  Imperial  Korean  Government  will  give  all  facilities  for 
this  undertaking,  will  give  full  protection  to  all  foreigners  employed 
at  the  mines,  and  will  grant  passports  to  them. 


TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      449 

XIV.  After  the  work  is  commenced,  as  here  agreed  upon,  it  shall 
be  prosecuted  and  continued  in  good  faith  and  with  all  due  diligence, 
and  if  the  said  J.  Victor  Burn-Murdoch  and  John  A.  Hay,  or  their 
assigns,  fail  so  to  do  for  a  period  of  six  months,  then  the  said  mine 
and  all  property  except  machinery  thereon,  and  all  rights  under  this 
contract  shall  be  forfeited  to  the  Korean  Government. 

Provided,  however,  if  the  said  J.  Victor  Burn-Murdoch  and  John 
A.  Hay,  or  their  assigns,  be  prevented  from  working  the  mines  by 
force  Tnajeure  then  the  time  they  are  so  prevented  shall  not  be  counted 
in  the  above  period. 

XV.  In  the  event  of  it  being  found  desirable  to  make  any  modifica- 
tions in  the  articles  of  the  present  contract  or  in  other  matters  con- 
nected therewith  affecting  the  interests  of  Koreans  and  Messrs.  J. 
Victor  Burn-Murdoch  and  John  A.  Hay  or  their  assigns,  such  modi- 
fications may  be  introduced  by  mutual  consent  of  the  Korean  Govern- 
ment and  the  British  Representative  in  Seoul  with  the  view  of  consult- 
ng  the  convenience  of  both  parties. 

XVI.  In  the  event  of  any  difference  of  opinion  as  to  the  interpreta 
tion  of  this  contract,  the  English  text  shall  be  regarded  as  authorita- 
tive, but  a  Korean  translation  will  be  attached  hereto. 

Signed  at  Seoul  this  twenty-seventh  day  of  September,  1898. 

J.  V.  Burn-Murdoch, 
John  A.  Hay, 
Per  his  Attorney 

J.  V.  BURN-MURDOCH. 

Signed  before  me — 
J.  N.  Jordan, 

H,  B.  M.^8  Cha/rge  d? Affaires  and  Consul  Oeneral. 

27938—04 ^29 


No.  73. 

UNITED  STATES. 

SEOUL-CHEMULPO  RAILWAY  CONCESSION. 

Signed  March  29,  1898. 

The  Government  of  Chosen  (Korea)  decrees  and  agrees  as  follows: 


A  concession  to  build,  operate  and  maintain  a  railroad  from  Seoul 
to  Chemulpo  in  the  Kingdom  of  Chosen  (Korea)  including  the  right 
to  build  a  bridge  across  the  Han  river  is  hereby  granted  to  James  R. 
Morse,  an  American  citizen,  and  to  his  assigns,  under  the  conditions 
hereinafter  named. 

II. 

The  line  of  said  railroad  and  the  location  of  said  bridge  will  be 
hereafter  determined  upon  by  surveys  of  the  country  to  be  made  by 
engineers  named  by  said  James  R.  Morse  or  his  assigns.  Said  bridge 
shall  be  provided  with  a  foot  path  on  one  or  both  of  the  sides  for  the 
accommodation  of  pedestrians. 

Further  said  bridge  shall  either  be  provided  with  a  "draw"  for  the 
passage  of  boats,  or  it  shall  be  built  suflSciently  high  so  as  not  to  inter- 
fere with  the  ordinary  navigation  of  the  river. 

III. 

The  Government  of  Chosen  will  provide  a  right  of  way  along  the 
entire  line  of  said  railroad  of  proper  width  for  the  construction  and 
operation  of  said  railroad  including  ground  for  stations,  warehouses, 
workshops,  switches  and  turnouts,  which  right  of  way  shall  be  leased 
to  said  Company  for  such  a  period  as  the  road  shall  belong  to  said 
Company — James  R.  Morse  and  his  assigns — and  until  the  Govern- 
ment of  Chosen  shall  acquire  said  railroad  and  its  properties  by  pur- 
chase as  hereinafter  provided  for. 

In  consideration  of  the  grant  of  this  lease  for  the  right  of  way  the  said 
railroad  Company  agrees  to  grant  free  transport  for  Chosen  mails  and 
the  mail  agent  in  charge  of  the  same  as  well  as  free  transportation  for 

450 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      451 

troops  and  munitions  of  war  of  the  Chosen  Government.  It  is  under- 
stood that  when  the  Government  of  Chosen  shall  acquire  said  railroad 
by  purchase  the  ground  herein  leased  shall  revert  to  the  Government 
of  Chosen.  In  surveying  the  line  of  said  railroad  due  care  must  be 
observed  to  avoid  disturbing  cemeteries  and  graves. 

Further,  all  crossings  other  than  mere  footpaths  shall  be  provided 
for  by  the  building  of  necessary'  approaches  and  levels  over  the  rails 
for  the  passage  of  wheeled  vehicles,  and  culverts  shall  be  built  in 
embankments  when  the  railroad  crosses  a  main  public  cart  road,  pro- 
viding the  embankment  is  too  high  for  a  crossing. 

IV. 

Said  railroad  shall  have  a  station  at  Seoul,  one  at  Chemulpo,  one  at 
the  river,  and  at  least  three  between  the  river  and  Chemulpo.  The 
river  station  shall  be  at  either  Mapoo  or  Riong  San. 


All  materials  for  the  construction,  equipment,  and  operation  of  said 
railroad,  which  it  is  necessary  to  import  from  foreign  countries,  may 
be  imported  free  of  Customs  duty  and  no  taxes  will  be  levied  on  said 
railroad  or  its  properties  or  receipts. 

VI. 

Foreigner  and  natives  may  be  employed  upon  said  road  at  the  dis- 
cretion of  its  managers.  Natives  shall  be  given  the  preference,  espe- 
cially upon  the  earthworks  where  not  more  than  ten  per  cent  (10%)  of 
other  nationals  will  be  employed,  unless  native  labor  is  held  at  such  a 
high  price  as  to  render  the  importation  of  foreign  labor  advisable,  in 
which  case  such  laborers  may  be  imported  for  the  work  in  hand  with 
the  explicit  understanding  that  said  foreign  laborers  shall  be  returned 
to  the  country  from  which  they  came  upon  the  completion  of  their 
work.  For  this  purpose  these  imported  laborers  shall  be  registered 
at  the  Customs  office  upon  their  arrival  and  not  one  shall  remain  after 
the  work  is  finished. 

VII. 

For  the  pui-pose  of  carrying  out  the  above  business,  said  James  R. 
Morse  or  his  assigns,  is  authorized  to  organize  a  Company  and  secure 
necessary  capital.  Said  Company  ma}'^  make  contracts,  hold,  own  and 
convey  all  property  necessary  for  the  construction,  ownership,  main- 
tenance and  operation  of  said  railroad,  and  may  operate  the  same  and 
possess  all  the  power  usually  exercised  and  enjoyed  by  i*ailroad  cor- 
porations generally. 


452     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA. 

VIII. 

The  capital  stock  of  said  Company  will  be  hereafter  determined  by- 
said  James  R.  Morse  or  his  assigns,  who  shall  find  the  capital  necessary 
for  the  proper  execution  of  said  work.  The  Government  of  Chosen 
shall  not  be  responsible  beyond  the  requirements  for  the  right  of  way 
before  named. 

IX. 

Said  Company  shall  be  organized  and  the  work  commenced  without 
unreasonable  delay  and  in  any  event  within  twelve  months  from  the 
date  of  this  decree.  If  work  is  not  so  commenced  this  concession  shall 
lapse,  provided  war  or  other  cause  over  which  the  Company  has  no 
control  prevents  the  work  from  being  so  commenced  an  extension 
shall  be  granted. 

Further,  the  work  of  building  said  railroad  shall  be  completed 
within  three  years  from  the  commencement  of  the  same,  unless  pre- 
vented by  war  or  other  like  cause,  in  which  case  an  extension  shall  be 
granted  equal  to  the  time  so  lost. 


If  difficulties  arise  between  said  railroad  Company  and  the  Govern- 
ment of  Chosen  as  to  any  cause,  they  shall  be  settled  by  the  decision 
of  an  impartial  commission  of  from  two  to  five  persons  to  be  appointed 
as  follows:  One  commissioner  shall  be  appointed  by  the  Government 
of  Chosen  and  one  by  the  said  i-ailroad  Company.  In  case  these  two 
can  not  agree,  they  may  appoint  a  third  whose  decision  shall  be  final 
unless  he  should  choose  to  call  to  his  assistance  two  more  commission- 
ers, in  which  case  the  Government  of  Chosen  and  the  railroad  Com- 
pany shall  each  appoint  another  commissioner  to  act  with  the  three 
before  named. 

XI. 

At  the  end  of  fifteen  (15)  years  from  the  completion  of  said  railroad 
the  Government  of  Chosen  may  purchase  said  railroad  and  all  its  prop- 
erties by  paying  its  then  appraised  value,  which  value  shall  be  deter- 
mined by  a  commission  to  be  appointed  as  provided  for  in  Article  X. 
In  case  the  Government  of  Chosen  is  unable  to  purchase  said  railroad 
at  the  expiration  of  the  allotted  fifteen  (15)  years,  then  this  concession 
shall  be  binding  in  favor  of  said  Company  for  another  period  of  ten 
(10)  years.  After  which  the  Government  of  Chosen  shall  again  have 
the  option  of  purchase,  and  so  on  for  other  periods  of  ten  (10)  years 
each. 


TBEATIB8  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      453 

xn. 

The  Government  of  Chosen  agrees  not  to  grant  any  concession  for 
a  similar  road  to  connect  the  two  points  Seoul  and  Chemulpo  during 
the  life  of  the  concession,  or  the  ownership  of  said  railroad  by  the 
herein  named  railroad  Company.  This  Article  has  no  reference  to 
other  railroads  connecting  other  parts  of  the  Kingdom  of  Chosen, 

XIII. 

The  English  text  of  this  decree  or  concession  and  its  conditions  shall 
be  considered  the  authorized  official  version.     It  shall  have  attached 
to  it  a  translation  in  Chinese. 
Seoul,  Korea,  March  29,  1898. 

(Sig.)  Ye  Wan  Yong, 

Mimister  of  Foreign  Affairs. 
(Sig.)  Cho  Pteng  Sik, 

Mmisterfor  AgricidiMre^  Commerce^  Public  Work. 


No.  74. 
JAPAN. 

8E0UL-FUSAN  RAILWAY  AGREEMENT. 
September  8,  1898. 

Art.  I.  The  Korean  government  hereby  grant  to  the  promoters  of 
the  Seoul-Fusan  Railway  Company  organized  by  Japanese  subjects  the 
rights  of  constructing  a  railway  between  Seoul  and  Fusan  and  working 
the  same  and  building  bridges  over  the  rivers  and  streams  on  the  line 
of  the  railway  and  in  order  to  make  this  concession  operative,  con- 
clude the  following  articles  of  agreement  with  Sasake  Kiyomaro  and 
Inouye  Chojiro,  the  representatives  of  the  said  promoters. 

Art.  U.  The  plans  for  the  construction  of  the  railway  and  bridges 
shall  be  determined  according  to  the  survey  made  by  the  engineers  to 
be  appointed  by  the  Seoul-Fusan  Bailway  company,  or  by  their  repre- 
sentatives. The  bridges  shall  be  so  high  as  not  to  obstruct  the  passage 
of  junks  and  boats,  or  drawbridges  shall  be  constructed  which  shall 
be  opened  during  certain  intervals  every  day.  Pathways  shall  be 
constructed,  and  in  order  to  avoid  interruption  of  ti-avel  the  path- 
way on  each  side  shall  be  used  exclusively  by  persons  going  in  one 
direction. 

Art.  111.  The  guage  of  the  railway  shall  be  the  same  as  that  of  the 
Seoul-Chemulpo  Railway  in  accordance  with  the  provision  of  Art.  11 
of  the  Imperial  Decree  No.  31,  regarding  Korean  government  rail- 
ways, which  prescribes  that  the  gauges  of  railways  in  the  different 
provinces  shall,  as  much  as  possible,  be  of  the  same  standard  so  as  not 
to  prevent  the  transfer  of  trains  from  one  system  to  another.  The 
land  to  be  allotted  for  the  line  of  the  railway,  stations,  go-downs, 
machine  shops,  and  for  putting  switches  and  rails,  shall  be  provided 
for  by  the  Korean  Government  in  order  to  facilitate  the  construction 
of  the  railway.  During  the  term  the  said  railway  company  has  con- 
trol of  the  railway  and  until  the  purchase  of  the  same  by  the  Korean 
government,  the  exclusive  ownership  of  these  lands  shall  be  vested  in 
the  Compan3\  Transportation  of  the  soldiers,  goods  for  military  use, 
mail  carriers  and  mails  of  Korea  shall  be  free  of  charge.  When  the 
Korean  government  purchase  the  said  railway,  the  lands  which  have 
been  exclusively  owned  by  the  company  shall  be  returned  to  Korea. 

464 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      455 

When  graves  are  found  on  the  way  of  the  projected  railway  the  line 
shall  be  constructed  so  as  not  to  encroach  upon  them.  Where  the 
railway  crosses  roads  it  shall  be  so  constructed  as  not  to  interfere  with 
the  traffic  on  such  roads. 

Art.  IV.  Terminal  stations  shall  be  placed  at  Seoul  and  Fusan 
respectively.  The  stations  shall  be  erected  at  such  places  as  will  be 
found  suitable,  but  in  those  places  no  foreigners  will  be  allowed  to 
reside. 

Art.  V.  The  machinery,  plants,  tools,  instruments  and  other  arti- 
cles of  whatever  description  and  kind  destined  for  use  in  connection 
with  the  railway,  as  well  as  the  lands  belonging  to  the  railway,  and 
profits  of  various  kinds,  shall  be  exempted  from  the  imposition  of  any 
duties,  taxes  or  charges. 

Art.  VI.  Although  it  shall  be  in  the  power  of  the  inspectors  of 
works  to  employ  Koreans  and  foreigners  without  distinction,  more 
Koreans  than  foreigners  shall  be  employed.  In  the  construction  of 
embankments  and  similar  work  Koreans  should  be  employed  at  the 
rate  of  nine  out  of  each  ten.  In  case  the  company  employs  foreign 
laborers  because  Korean  labor  becomes  dearer  on  account  of  the 
demand  for  labor,  such  foreign  laborers  shall  all  be  returned  to  their 
own  countries  when  the  work  shall  have  been  completed,  and  their 
entry  and  exit  shall  be  strictly  supervised  by  the  Customs  in  order 
that  none  shall  remain  in  the  country.  Korean  timber  and  wood  shall 
be  used  in  the  work,  but  in  case  they  are  unfit  for  use,  Japanese  and 
Korean  timber  and  wood  can  be  used  promiscuously. 

Art.  VII.  The  promoters  of  the  railway  company  or  their  repre- 
sentatives, in  order  to  carry  out  the  projected  work,  shall  have  power 
to  organize  a  company  and  collect  capital.  The  said  company  can 
make  contracts  necessitated  by  the  construction  and  working  of  the 
railroad,  and  also  can  themselves  dispose  of  everything  required  there- 
for as  their  own  property.  Further,  the  company  shall,  in  the  man- 
agement of  this  enterprise,  be  vested  with  all  rights  and  privileges 
which  are  generally  enjoyed  by  railway  companies. 

Art.  VIII.  The  promoters  of  the  said  company,  or  their  represen- 
tatives, shall  make  estimate  of  the  amount  of  expense  to  be  incurred 
and  collect  the  capital.  The  Korean  government  do  not  provide  any- 
thing outside  of  the  lands  above  referred  to. 

Art.  IX.  In  case  branch  lines  of  railway  shall  be  constructed  in  the 
other  provinces,  only  the  Korean  government  or  Korean  subjects  shall 
undertake  the  enterprise,  and  no  foreign  government  or  subjects  shall 
be  allowed  to  do  so. 

Art.  X.  The  work  of  construction  shall  be  begun  within  three  years 
from  the  date  of  the  signing  of  the  present  agreement.  In  case  of  failure 
to  commence  it  within  the  above  limit,  the  present  agreement,  unless 
renewed,  shall  be  considered  invalid.     If  the  delay  occurs  from  war 


456     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

or  such  other  causes  as  are  unavoidable,  the  limit  shall  be  extended. 
If  the  work  shall  not  be  completed  within  ten  years  from  the  date  of 
the  agreement  it  shall  be  abandoned.  If  within  the  said  ten  years  war 
or  some  other  unforeseen  event  occurs,  the  term  can  be  extended  in 
proportion  to  the  period  during  which  such  circumstances  existed. 

Art.  XI.  In  case  difficulties  arise  regarding  the  railway,  the  Korean 
government  and  the  Company  shall  each  appoint  one  representative 
and  let  them  jointly  decide  such  differences.  If  these  two  persons  can- 
not come  to  an  agreement,  a  third  person  shall  be  called  in  as  a  referee 
and  he  shall  decide  the  case,  which  decision  shall  be  final  and  binding 
upon  both  parties.  If  the  referee  does  not  desire  to  decide  by  him- 
self, he  and  the  two  original  representatives,  together  with  two  out- 
siders separately  appointed,  shall  discuss  and  decide  the  matters  in 
dispute. 

Art.  XII.  At  the  end  of  fifteen  years  from  the  completion  of  con- 
struction, the  Korean  government  shall  have  the  right  to  purchase  the 
i-ailway,  if  it  so  desires,  at  the  value  appraised  by  the  parties  men- 
tioned in  the  3rd  clause  of  the  preceding  article.  If  it  cannot  so 
purchase,  the  concession  will  be  extended  another  ten  years.  If  at 
the  end  of  the  latter  term  the  Korean  government  still  cannot  pur- 
chase the  railway,  the  term  shall  be  extended  another  ten  years.  The 
period  of  such  successive  extension  shall  always  be  ten  years. 

Art.  XIII.  Whenever  the  financial  condition  of  the  Korean  gov- 
ernment shall  be  restored  to  a  sound  basis  and  it  shall  become  able  to 
operate  the  railway,  it  can  revise  the  present  agreement  after  negoti- 
ating with  the  company  with  the  object  of  making  the  enterprise  a 
joint  undertaking  between  Japan  and  Korea. 

Art.  XIV.  The  companies  or  subjects  of  Korea  can  at  any  time 
become  shareholders  of  the  said  railway  company,  and  they  shall  be 
entitled  to  the  same  rights  and  privileges  as  others. 

Art.  XV.  The  said  railway  company  shall  under  no  circumstances 
transfer  its  shares  to  governments  or  individuals  other  than  the  Jap- 
anese or  the  Korean  governments,  or  their  respective  subjects. 

In  witness  of  the  validity  of  each  of  the  preceding  articles  of  the 
present  concession  the  respective  representatives  affix  their  seals. 

September  8th  of  the  second  year  of  Kuwang  Wu. 

Sasak^  Kiyomaro, 
President  of  the  Diploraatic  Bureau, 

ofth£  Ministry  of  Foreign  Affairs, 
Inguy^  Chojiro. 
President  of  the  Bureau  of  Communicatimis 
in  the  Department  of  Agriculture  and  Public  Works. 

September  8th  of  the  31st  year  of  Meui.     (1898). 


No.  75. 

RUSSIA. 

CONCESSION  OF  WHALING  PRIVILEGES. 
March  29,  1899. 

This  writing  witness  that  the  Government  of  Dai  Han  (Korea)  does 
hereby  make  to  Count  Henry  Keyserling  the  concessions  herein  men- 
tioned and  that  said  Government  and  said  Count  Keyserling  hereby 
make  the  following  stipulations  and  agreements  respecting  the  same: 

Article  1. 

There  shall  be  set  apart  without  delay  for  the  use  and  occuj^tion  of 
Count  Keyserling,  as  herein  agreed  upon,  three  places,  viz: 

1.  In  the  province  of  Kiong-sang,  along  the  coast  near  Cape  Tikh- 
meneff  (Oolsan  Bay). 

2.  In  the  province  of  Kang-wan,  at  the  place  of  Chang  Shing- 
Takoo. 

3.  In  the  province  of  Ham-kiung,  on  the  island  of  Ching-po. 

Ekich  of  said  places  shall  not  exceed  in  extent  700  feet  in  length  and 
350  feet  in  width,  and  they  shall  be  located  on  convenient  spots  near 
the  seashore. 

Abtiole  2.  . 

The  location  and  limits  of  the  above-mentioned  three  places  shall 
without  delay  be  made  by  the  Government  of  Dai  Han  through  a  duly 
appointed  representative  and  Count  Keyserling  acting  jointly,  and  the 
limits  of  the  same  shall  be  clearly  marked  on  the  spots  by  stone  or 
wooden  posts,  and  a  map  and  description  of  each  place  in  Russian  and 
Chinese  shall  be  made  in  duplicate  and  signed  by  said  representative 
and  Count  Keyserling.  One  duplicate  to  be  delivered  to  and  kept  by 
the  foreign  ofBce  of  the  Dai  Han  Government  and  the  other  to  be 
delivered  to  and  kept  by  Count  Keyserling,  and  the  same  shall,  when 
so  delivered,  be  considered  and  taken  as  part  of  his  agreement. 

Article  3. 

If  the  places  mentioned  in  article  1  belong  wholly  or  in  part  to  the 
Dai  Han  Government,  then  Count  Keyserling  may  take  possession  of 
such  part  as  belongs  to  the  Government  as  soon  as  the  maps  and 

457 


458     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBE  A. 

description  have  been  signed  and  delivered  as  provided  in  article  2; 
but  if  any  part  of  the  same  belongs  to  a  Dai  Han  subject,  such  part 
shall  not  be  taken  or  occupied  until  such  subject  is  paid  the  full  value 
of  his  property  and  rights  of  every  kind,  such  payment  to  be  made  by 
Count  Keyserling.  If  Count  Keyserling  is  unable  to  agree  with  such 
owners  as  to  the  value  and  price  to  be  paid,  such  price  and  value  shall 
be  determined  by  the  joint  action  of  a  representative  of  the  Dai  Han 
foreign  office  and  Count  Keyserling,  and  in  no  case  shall  property 
belonging  to  a  Dai  Han  subject  be  taken  or  occupied  until  special 
permission  so  to  do  shall  be  issued  under  the  seal  of  the  Dai  Han 
foreign  office. 

Article  4. 

When  Count  Keyserling  shall  obtain  possession  of  said  three  places 
as  mentioned  and  described  above  he  shall  have  the  right  to  use  and 
occupy  the  same  during  the  term  of  this  agreement  for  the  purpose  of 
working  up  whales  and  their  products,  and  for  that  purpose  may  erect 
and  maintain  thereon  all  necessary  buildings,  godowns,  ware  and  store 
houses,  and  other  houses  and  structures  necessary  for  carrying  on  said 
business  with  the  right  to  fix  and  operate  necessary  nM<5hinery  and 
other  appliances  for  such  purpose. 

Article  5. 

Count  Keyserling  will  employ  for  the  work  under  this  agreement 
preferably  Dai  Han  subjects;  but  in  case  of  strikes  or  insufficiency  of 
special  knowledge  or  unsuccessful  workmanship  he  can  replace  them 
by  workmen  of  other  nationalities,  provided  that,  with  the  exception 
of  Chinese,  no  foreigner  shall  be  employed  unless  his  government  is 
in  treaty  relations  with  the  Pai  Han  Government,  and  passports  must 
be  procured  from  the  Dai  Han  Government  for  all  such  workmen,  as 
well  as  for  all  foreign  employees  of  Count  Keyserling.  If  any  of  such 
foreign  employees  or  workmen  break  the  laws  of  Dai  Han  or  the  cus- 
toms regulations  or  cause  trouble  with  the  natives  or  engage  in  smug- 
gling either  by  export  or  import  or  break  any  of  the  regulations  of 
this  agreement,  the  Dai  Han  Government  may  cancel  and  withdraw 
such  passport  and  will  give  notice  thereof  to  the  representative  of  the 
government  to  which  the  offender  belongs,  and  such  offender  shall  no 
longer  have  the  right  to  reside  outside  the  treaty  ports;  and  Count 
Keyserling  shall  thereupon  discharge  from  his  employment  the  offender 
and  use  his  best  efforts  to  have  such  offender  leave  the  country  or  go 
to  an  open  port. 

Count  Keyserling  further  undertakes  that  he  and  his  representatives 
will  in  good  faith  endeavor  to  preserve  order  among  his  foreign 
employees  and  workmen  and  to  prevent  them  from  breaking  the  laws 
of  Dai  Han  or  the  customs  regulations  or  causing  trouble  and  to  bring 
them  to  justice  and  punishment  in  case  they  do  so. 


TBEATIE8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      459 

Abticlb  6. 

No  part  of  the  three  places  assigned  to  Count  Keyserling  by  this 
agreement  shall  be  used  or  occupied  for  any  purpose  except  for  those 
mentioned  in  this  agreement;  and  all  concessions  herein  made  to  Count 
Keyserling  shall  be  strictly  construed;  and  no  concessions  or  rights 
are  granted  hereunder  by  the  Dai  Han  Government  unless  expressly 
named,  given,  and  provided  for  in  this  agreement.  Neither  Count 
Keyserling  nor  any  foreign  workmen  or  foreign  employees  of  Count 
Keyserling  shall  engage  in  any  business  or  occupation  at  said  places 
except  in  the  business  embraced  by  this  agreement;  and  in  case  such 
workman  or  employee  does  engage  in  any  other  business  or  occupation 
he  shall  be  discharged  by  Count  KeyserUng  and  his  passport  canceled, 
and  he  shall  not  be  permitted  to  remain  outside  of  the  treaty  ports. 
Full  jurisdiction  shall  be  retained  by  the  Dai  Han  Government  over 
all  its  subjects  employed  by  Count  Keyserling,  and  no  asylum  shall  be 
given  by  him  or  his  foreign  employees  or  workmen  to  such  subjects. 

Abticle  7. 

The  Dai  Han  administration  will  render  all  proper  assistance  to 
Count  Keyserling  in  his  dealings  with  the  local  population  and 
workmen. 

Abticlb  8. 

No  work  or  operations  shall  be  carried  on  in  said  places  or  in  the 
ports  in  which  they  are  situated  which  will  create  disease  or  be  detri- 
mental to  public  health. 

As  incident  to  the  grant  herein  made  of  the  places  on  which  to  work 
whales  Count  Keyserling  may  erect  landing  stages  attached  to  and  in 
front  of  each  of  said  three  places  and  extending  into  the  water. 
Should  it  afterwards  be  found  that  the  structure  erected  interferes 
with  the  navigation  of  the  port  or  tends  to  fill  up  or  injure  the  port 
the  same  shall  forwith  be  removed  by  Count  Keyserling  at  his 
expense,  and  if  he  fails  to  do  so  after  notice  of  two  months  the  Dai 
Han  Government  may  remove  the  same. 

Article  9. 

It  is  expressly  understood  that  nothing  in  this  agreement,  and  no 
rights  and  concessions  herein  given  or  made,  shall  prevent  the  Dai 
Han  Government  from  opening  any  port  to  foreign  trade,  and  that  in 
case  any  port  is  opened  where  any  place  selected  and  assigned  to 
Count  Keyserling  is  situated  and  the  Dai  Han  Government  desires  to 
embrace  such  place  within  a  foreign  settlement,  then  such  place  shall 
be  treated  as  Dai  Han  property  and  may  be  taken  for  the  purpose  of 


460     TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

such  foreign  settlement  after  six  months'  notice  to  Count  Keyserling, 
provided  Count  Keyserling  shall  be  compensated  for  the  same  as 
follows: 

1.  He  shall  be  repaid  whatever  he  has  paid  for  such  place,  or  part 
thereof,  to  any  Dai  Han  subject,  as  provided  in  article  3,  but  if  he  is 
given  a  new  place,  as  hereinafter  provided,  such '  repayment  shall  not 
be  made. 

2.  He  shall  also  be  paid  the  actual  cash  value  of  all  his  buildings  and 
machinery  on  the  place  so  taken,  and  the  same  shall  belong  to  the  Dai 
Han  Government.  In  estimating  such  cash  value,  the  value  of  any 
concession  herein  made,  or  damages  for  the  stoppage  of  his  business 
or  any  other  incidental  loss  to  Count  Keyserling,  shall  not  be  taken 
into  account. 

Provided  that  the  rental  of  such  places,  viz,  at  the  rate  of  150  yen 
per  year,  shall  cease  and  not  be  paid  by  Count  Keyserling  after  the 
place  is  taken  for  a  foreign  settlement;  and  provided  further,  that 
Count  Keyvserling  shall  be  at  liberty  to  remove  all  the  buildings  and 
machinery,  or  either  of  them,  within  a  reasonable  time,  in  which  case 
he  shall  not  be  paid  for  the  same;  and  provided  further,  that  in  case 
any  place  is  taken  for  a  foreign  settlement  under  this  article  a  new 
place,  of  the  same  size,  instead  shall  be  assigned  to  Count  Keyserling, 
if  he  so  desires,  free  of  cost,  outside  the  settlement.  Such  new  place 
shall  be  selected  as  was  the  place  taken,  and  all  the  provisions  of  this 
agreement  shall  apply  to  said  new  place  that  applied  to  the  old  one  for 
which  it  is  substituted,  and  Count  Keyserling  shall  pay  rent  for  the 
same  as  for  the  old  place,  viz,  at  the  rate  of  150  yen  per  year.  In  case 
Count  Keyserling  desires  to  remove  hi^  machinery  from  the  old  place 
to  such  new  place,  the  Dai  Han  Government  will  pay  him  the  cost  of 
such  removal. 

Article  10. 

The  term  of  this  agreement  shall  be  twelve  years,  commencing  from 
the  date  hereof,  and  at  the  end  of  such  term  Count  Keyserling  shall 
cease  operations  hereunder,  and  he  shall,  within  a  reasonable  time, 
remove  all  machinery  and  appliances  for  working  whales  and  surren- 
der said  places  to  the  Dai  Han  Government.  All  buildings  and  struc- 
tures shall  become  the  property  of  the  Dai  Han  Government  without 
any  cost,  and  the  Dai  Han  Government  shall  take  full  possession  of 
such  places. 

Article  11. 

As  yearly  rental  for  said  three  places,  Count  Keyserling  agrees  to 
pay  the  Dai  Han  Government  at  Seoul  450  yen  each  year,  in  advance; 
the  first  of  the  said  payments  to  be  made  to  the  Dai  Han  foreign  office 
when  the  agreement  is  signed,  and  the  others  to  the  same  office  on  the 


TREATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOREA.      461 

same  day  of  each  year  thereafter  during  the  continuance  of  this  agree- 
ment. If  Count  Keyserling  fails  to  make  any  of  the  said  payments 
for  a  period  nf  one  year  after  they  become  due,  as  in  this  article  stip- 
ulated, all  rights  granted  him  in  this  agreement  shall  be  forfeited  and 
become  null  and  void,  and  the  Dai  Han  Government  may  enter  upon 
and  take  possession  of  and  own,  without  cost,  all  said  three  places, 
and  all  the  buildings,  structures,  machinery,  and  other  property 
thereon;  provided,  that  if  Count  Keyserling  shall  pay  within  six 
months  thereafter  all  the  amounts  due  or  to  become  due  as  rental  and 
interest  on  said  premises  up  to  the  end  of  the  twelve  years'  term,  he 
shall  be  at  liberty  to  remove  his  buildings  and  machinery,  and  if  he 
fails  to  make  such  payments  within  said  six  months,  then  all  said 
buildings  and  machinery  shall  be  forfeited  to  and  belong  to  the  Dai 
Han  Government.  If  any  payment  of  rental  is  not  made  when  it 
becomes  due,  it  shall  bear  interest  at  the  rate  of  li  per  cent  per  month 
till  paid. 

Article  12. 

If  Count  Keyserling  or  his  representatives  shall  break  any  of  the 
agreements  herein  made,  or  any  of  the  things  prohibited  herein,  he 
shall  in  addition  to  all  treaty  penalties  indemnify  and  pay  the  Dai  Han 
Government  for  all  loss  and  damage  sustained  by  it,  and  if  he  permits 
the  same  to  be  repeated  or  continued  after  notice  by  the  Dai  Han  Gov- 
ernment, this  agreement  and  all  his  rights  hereunder  may  be  forfeited 
by  the  Dai  Han  Government,  in  which  case  he  shall  forthwith  remove 
all  machinery  and  stores  and  other  propert}'^  from  the  places  occupied 
by  him,  but  the  buildings  and  other  stnictures  erected  by  him  shall  be 
forfeited  to  the  Dai  Han  Government,  and  it.  may  take  full  possession 
of  said  places,  buildings,  and  structures  and  have  and  own  the  same 
without  cost. 

Article  13. 

Count  Keyserling  may,  with  the  consent  and  permission  of  the 
Dai  Han  foreign  office,  given  in  writing,  transfer  his  rights  to  another 
reliable  person  or  a  reliable  company.  Ih  case  of  his  death  before 
such  transfer,  his  rights  shall  go  over  for  the  remainder  of  the  term 
to  his  legitimate  heirs  and  successors.  But  in  case  of  any  transfer  by 
him  to  others,  or  by  his  death  to  his  heirs  and  successors,  such  trans- 
ferees and  heirs  and  successors  shall  be  subject  to  all  the  obligations 
and  prohibitions,  limitations  and  penalties  of  this  agreement.  Notice 
of  any  transfer  shall  be  at  once  communicated  to  the  Dai  Han  foreign 
office,  and  in  case  of  death  of  Count  Keyserling  the  names  and  interest 
of  Count  Keyserling's  heirs  and  successors  shall  also  be  communi- 
cated to  the  said  foreign  office. 


462     TBEATIES  AND  CONVEITriONS  WITH  CHINA  AND  KOBEA. 

Article  14. 

In  case  any  dispute  or  contention  or  question  shall  arise  under  the 
agreement,  the  same  shall  be  settled  by  arbitration,  one  arbitrator 
to  be  selected  by  the  Dai  Han  foreign  office,  the  other  by  Count  Key- 
serling,  and  if  these  arbitrators  can  not  agree  they  shall  select  an 
umpire  without  delay,  whose  decision  shall  be  final,  and  the  Dai  Han 
Government  on  the  one  side  and  Count  Keyserling  on  the  other  agree 
to  abide  by  and  perform  the  award  and  decision  of  said  arbitrators  or 
umpire. 

Article  15. 

It  being  necessary  for  the  protection  of  the  revenue  that  the  cus- 
toms department  should  depute  an  officer  to  reside  permanently  or 
occasionally  at  each  of  the  stations  granted  by  this  concession,  Count 
Keyserling  undertakes  to  furnish  suitable  quaii;ers  at  each  station  for 
the  customs  officer  so  deputed,  and  until  such  quaiters  can  be  built 
and  prepared,  Count  Keyserling  will  place  a  suitable  cabin  on  board 
any  of  his  ships  lying  at  a  station  at  the  disposal  of  said  customs  office 
and  will  furnish  him  with  a  boat's  crew  whenever  he  has  occasion  to 
go  afloat. 

Count  Keyserling  undertakes,  further,  to  pay  to  the  customs  at 
Yuensan  a  sum  of  $100  a  month  to  meet  in  part  the  cost  of  providing 
the  customs  officer  required;  provided,  that  when  Count  Keyserling  is 
is  not  working  at  any  station  no  officer  will  be  deputed  to  reside  at 
such  station  and  no  contribution  for  him  will  be  paid;  and  provided 
further,  that  Count  Keyserling  must  always  give  ten  days'  previous 
notice  to  the  custom-house  at  Yuensan  of  his  intention  to  work  at  any 
station,  so  that  the  officer  may  be  sent  with  or  before  Count  Keyser- 
ling; but  if  the  officer  does  not  arrive  at  the  place  before  the  expira- 
tion of  the  said  ten  days,  Count  Keyserling  may  commence  work  in  his 
absence  at  the  expiration  of  said  ten  days. 

Should  Count  Keyserling  work  whales  at  two  or  more  stations  at  the 
same  time,  an  officer  must  be  deputed  to  each  station  and  the  fee  of 
JlOO  per  month  paid  for  each  officer. 

Article  16. 

During  the  term  of  this  concession  Count  Keyserling  may  import 
duty  free,  in  the  vessels  mentioned  in  article  18,  below,  machinery, 
materials — including  salt  and  coals — and  instruments  necessary  for  car- 
rying on  the  whaling  business  mentioned  herein. 

A  detailed  list  of  the  quantities  and  values  of  all  such  articles, 
machinery,  instruments,  stores,  materials,  and  other  appliances  for  use 
in  working  whales  landed  at  a  station  shall  be  kept  by  the  customs 
officer  on  duty.  This  list  will  be  checked  from  time  to  time  with  the 
articles,  and  if  anything  is  found  missing  and  unaccounted  for,  duty 
at  the  tariff  rate  as  originally  due  will  be  collected  on  it 


TBBATIB8  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA.      463 
^  ARTICLE  17. 

Provisions  and  stores  for  the  workmen,  which  shall  be  sold  to  the 
workmen  at  the  actual  cost  price,  plus  the  expenses  for  procuring  and 
keeping  them,  will  be  purchased  by  Count  Keyserling  in  Dai  Han, 
except  when  the  prices  are  very  high,  in  case  of  famine  or  a  bad  har- 
vest, when  he  may  import  them  from  abroad;  provided,  that  no  pro- 
visions or  stores  shall  be  imported  except  for  the  actual  use  of  the 
workmen  and  emploj^ees,  and  shall  not  be  sold  to  anyone  else.  Such 
provisions  and  stores  brought  into  a  station,  if  kept  and  consumed  on 
board  the  vessels,  shall  not  be  liable  to  duty;  but  any  provisions  or 
stores  landed  for  consumption  on  shore  shall  pay  duty,  and  a  list  of  all 
such  shall  be  made  out  at  the  time  of  landing  and  handed  to  the  cus- 
toms officer  on  duty,  who  will  check  it,  and,  having  certified  it  correct, 
will  forward  it  to  the  Yuensan  conmiissioner,  to  whom  Count  Keyser- 
ling or  his  agent  will  without  delay  pay  the  duty  shown  to  be  due. 

ARTICLE  18. 

During  the  term  of  this  concession  Count  Keyserling  may  import 
and  export,  either  in  his  own  vessels  or  on  chartered  ones  sailing  under 
the  flag  of  Dai  Han  or  of  a  government  in  treaty  relations  with  the  Dai 
Han,  whales  and  products  of  the  whale  fishing,  either  raw  or  worked 
up,  but  nothing  in  this  concession  shall  be  construed  as  giving  a  license 
to  take  whales  within  Korean  waters. 

Article  19. 

1.  All  vessels  which  Count  Keyserling  employs  in  his  whaling  busi- 
ness in  Korean  waters  must  at  the  beginning  of  each  season  be  reported 
at  the  Yuensan  custom-house  and  tonnage  dues  paid  upon  them. 

If  it  be  convenient  for  any  of  the  vessels  employed  to  proceed  to 
Yuensan  herself  before  paj'^ment  of  tonnage  dues,  her  papers  may  be 
examined  by  the  customs  officer  at  the  station  and  his  report  of  the 
register  tonnage  accepted  as  correct. 

Subsequent  payments  of  tonnage  dues  before  the  close  of  the  season 
may  similarly  be  made  in  the  vessel's  absence. 

2.  In  lieu  of  all  duties,  import  or  export,  on  whales  or  their  pro- 
ducts the  sum  of  20  yen  shall  be  paid  by  Count  Keyserling  as  a  tax  on 
each  whale,  irrespective  of  size,  brought  by  him  into  Korean  waters 
to  be  worked  up.  On  the  last  day  of  each  month  Count  Keyserling, 
or  his  representative  at  the  station,  shall  hand  a  statement  of  the 
number  of  whales  brought  into  that  station  during  the  month  to  the 
customs  officer  there  on  duty,  who,  having  verified  the  statement  and 
certified  it  correct,  will  forward  it  to  the  conunissioner  of  customs  at 
Yuensan,  to  whom  Count  Keyserling  or  his  agent  will  without  delay 
pay  the  amount  of  tax  due,  calculated  on  this  verified  statement. 


464     TBEATIES  AND  CONVENTIONS  WITH  CHINA  AND  KOBEA. 

Article  20. 

The  text  of  this  agreement  is  drawn  up  in  duplicate  in  Russian, 

Chinese,  and  English  language,  duplicates  to  be  duly  executed  and 

signed,  and  one  to  be  kept  in  the  Dai  Han  foreign  office  and  the  other 

by  Count  Keyserling.     In  case  of  misunderstanding  the  English  text 

shall  be  considered  the  ruling  one. 

March  29,  third  year  of  Kwang  Mu. 

Ye  Eung  Ik, 

The  Chief  of  the  Diplomatic  Burea/u  of  Dai  Han  foreign  Office. 

Count  Henry  Keyserling. 

17 

OQ  March,  1899,  Seoul. 


APPENDIX. 


27938—04 30  -  466 


No.  76. 

TREATY   BETWEEN  CHINA  AND   THE   CONGO  FREE  STATE,  CONFER- 
RING  MUTUAL  MOST-FAVOURED-NATION  TREATMENT.^ 

Signed  at  Peking  July  10,  1898. 
[Translation.] 

Concerning  the  Treaty  of  Amity  and  Commerce  between  the  Chinese 
Emperor  and  the  Congo  Free  State,  it  is  proposed  that  in  accordance 
with  the  powers  received,  which  are  in  form,  a  special  Article  shall  be 
agreed  upon  mutually  and  promulgated  without  delay. 

Art.  I.  All  privileges  of  person,  property,  and  jurisdiction  enjoyed 
by  foreign  nations  under  the  Treaties  concluded  by  China  shall  from 
henceforth  be  granted  to  the  Congo  Free  State. 

II.  It  is  agreed  that  Chinese  subjects  may  at  their  pleasure  proceed 
to  the  territory  of  the  Congo  Free  State,  and  there  sojourn  or  reside, 
and  that  they  may  buy  and  sell,  retain  possession  or  change  owner- 
ship of,  all  species  of  property,  movable  or  immovable.  As  regards 
trade,  navigation,  and  industry,  Chinese  subjects  shall  have  most- 
favoured-nation treatment. 

In  witness  whereof  the  High  Officers  of  both  States  have  hereunto 
affixed  their  signatures  and  seals. 

Peking,  July  10, 1898. 

^  (l.  s.)  Li  Hung  Chang, 

(l.  s.)  Comtb  D'Ubsel. 

a  BriiiBh  and  Foreign  SUOe  Papers.    Vol.  XC,  p.  956. 

467 


No.  77. 

TREATY  OF  AMITY  AND  C50MMEECE  BETWEEN  MEXICO  AND  CHINA.« 

SioNAD  AT  Washington  Dbcbmbbr  14,  1899. 
Ratifications  Exchanged  at  Washington,  July  19,  1900. 

The  President  of  the  United  Mexican  States  and  His  Majesty  the 
Emperor  of  China,  being  equally  animated  by  the  desire  to  establish 
friendly  relations  between  the  two  countries  and  their  citizens  and  sub- 
jects, have  resolved  to  conclude  a  Treaty  of  friendship,  commerce  and 
navigation,  and  for  that  purpose  have  named  their  respective  Plenipo- 
tentiaries, that  is  to  say: 

The  President  of  the  United  Mexican  States,  Manuel  de  Azplroz, 
Ambassador  Extraordinary  and  Plenipotentiary  of  the  United  Mexican 
States  in  Washington,  and 

His  Majesty  the  Emperor  of  China,  Wu  Ting-fang,  an  Official  of 
the  Second  Rank,  Minister  of  State  of  the  Fourth  Class  by  brevet,  and 
Envoy  Extraordinary  and  Minister  Plenipotentiary  to  the  United 
States  of  America,  Spain  and  Peru; 

And  we,  the  said  Plenipotentiaries,  after  having  exhibited  our 
respective  full  powers,  and  finding  them  in  due  and  good  form,  have* 
agreed  upon  the  following  articles: 

ARTICLE   I. 

There  shall  be  perpetual,  firm  and  sincere  friendship  between  the 
_  ,  ...  United  Mexican  States  and  the  Chinese  Empire,  as  also 
Free  intercourie.  between  their  respective  citizens  and  ^ubje(.'ts.  They 
?  tion  treato  nt*  ^^*'^  ^®  **  liberty  to  freely  go  to  the  respective  coun- 
tries of  the  High  Contracting  Parties  and  reside  there- 
in. They  shall  there  have  complete  protection  in  their  persons,  fami- 
lies and  property,  and  they  shall  enjoy  all  the  rights  and  advantages 
which  are  granted  to  the  subjects  of  the  most  favored  nation. 

ARTICLE   n. 

In  order  to  facilitate  friendly  relations  between  the  two  countries, 
Diplomatic    ^^®  President  of  the  United  Mexican  States  may  appoint 

agents.  Eighte.  a  Diplomatic  Agent  to  the  Court  of  Peking  and  His 
Majesty  the  Emperor  of  China,  may,  likewise,  appoint 

a  Diplomatic  Agent  near  the  Mexican  Government. 

alHario  Ofidaly  July  24,  1900. 
468 


APPENDIX.  469 

The  Diplomatic  Agents  of  each  of  the  High  Contracting  Parties  may 
reside  permanently  or  temporarily  in  the  Capital  of  the  other,  with 
their  families  and  members  of  their  suite,  and  enjoy,  in  the  countries 
of  their  respective  residence,  the  same  prerogatives,  exemptions, 
immunities  and  privileges  granted  to  the  Agents  of  the  same  rank  of 
the  most  favored  nation. 

ABTIOLE  ni. 

Each  of  the  High  Contracting  Parties  may  appoint,  at  the  ports  or 
cities  of  the  other,  open  to  foreign  commerce,  Con- 

Contuiar  offl-  suls  General,  Consuls,  Vice-Consuls  and  Consular 
lmmiiiLitiet5  *  Agents.  These  shall  not  enter  in  the  discharge  of  their 
duties  until  they  receive  the  Exequatur  of  the  Gov- 
ernment of  the  Country  where  they  are  to  reside.  The  Exequatur 
shall  be  issued  free  of  charge.  At  the  ports  or  cities  where  no  Consul 
is  appointed,  his  functions  may  be  performed  by  a  Consul  of  a  friendly 
nation.  Where  there  is  no  Consul,  the  local  authorities  shall  see  that 
the  citizens  or  subjects  of  the  other  Contracting  Party  enjoy  the  ben- 
efits of  the  present  Treaty. 

The  Consular  Officers  of  the  High  Contracting  Parties  shall  perform 
all  the  functions  and  enjoy  all  the  immunities  and  privileges  which,  in 
either  of  the  two  countries,  are  granted  to  the  Consular  Officers  of  the 
most  favored  nation. 

The  Consular  Officers  shall  not  support  the  demands  of  their  citizens 
or  subjects  if  provocative  or  offensive  to  the  authorities  or  inhabitants 
of  their  place  of  residence. 

Should  a  Consular  Officer  adopt  offensive  conduct  towards  the  laws 
of  the  country  of  his  residence,  the  Exequatur  may  be  withdrawn 
from  him. 

ARTICLE  rv. 

Mexican  citizens  shall  be  permitted  to  go  into  the  interior  of  China 
and  travel  therein,  provided  they  are  furnished  with 
ilMriftaiui in CTtinY  ^  pas^port  issued,  at  the  request  of  the  Mexican  Con- 
sul, by  the  Customs  Taotai.  This  passport,  written 
in  the  two  languages,  Spanish  and  Chinese,  must  be  shown  when  the 
authorities  of  the  place  of  transit  ask  it,  and  returned  at  the  end  of  the 
journey.  No  obstacle  shall  be  placed  in  the  way  of  travelers  engaging 
men,  vehicles  or  vessels  for  the  transportation  of  their  baggage. 

In  case  the  traveler  is  not  provided  with  the  proper  passport,  or  he 
commits  an  unlawful  act,  he  shall  be  delivered  for  trial  to  the  nearest 
Consul  of  Mexico  or  of  a  friendly  nation  previously  designated  by  the 
Mexican  Government.  In  this  case  the  local  authorities  can  only 
arrest  the  traveler  without  insulting  him  or  permitting  any  violence 
to  him. 


470  APPENDIX. 

Mexican  citizens  shall  be  at  liberty  to  make  excursions  without  the 
necessity  of  providing  themselves  with  a  passport,  in  the  neighbor- 
hood of  the  open  ports,  for  a  distance  not  exceeding  one  hundred  11, 
and  for  a  time  not  exceeding  five  days. 

These  stipulations  are  not  applicable  to  the  crews  of  vessels,  who 
shall  be  subject,  during  their  stay  on  land,  to  the  regulations  estab- 
lished by  the  Consuls  and  the  authorities. 

Chinevse  subjects  shall  be  at  libert}'  to  travel  through  all  the  territory 
of  Mexico,  as  long  as  they  conduct  themselves  peace- 

C^ete  travel-  Q^\y  ^^^  ^^  not  violate  the  laws  and  regulations  of  the 
country. 

ARTICLE   V. 

It  is  agreed  between  the  two  High  Contracting  Parties  that  the  emi- 
gration of  their  respective  subjects,  whether  accom- 
onf'taiow^S^*^**''    panied  by  their  families  or  not,  shall  be  in  future  free 
and  voluntary;  consequently  they  disapprove  of  every 
act  of  violence  or  trickery  which  might  be  committed  in  the  ports  of 
China  or  anywhere  else  for  the  purpose  of  expatriating  Chinese  sub- 
jects, against  their  will. 
The  two  Governments  engage  themselves  to  prosecute  with  all  the 
rigor  of  the  laws  any  contravention  of  the  preceding 
ProMontion  for    stipulation  and  to  impose  penalties  established  by  their 
tion.  ^     •""fif'*"    respective  legislations  upon  the  persons  and  ships  who 
may  violate  this  stipulation. 

ARTICLE   VI. 

Mexican  citizens  shall  be  at  liberty  to  travel  with  their  merchandise 
and  engage  in  commercial  pursuits  in  all  the  ports  of 
China  where  the  subjects  of  other  nations  are  per- 
mitted to  engage  in  commerce. 

Chinese  subjects  shall,  likewise,  be  at  liberty  to  travel  and  engage 
in  commerce  in  all  places  of  the  Mexican  Republic,  under  the  same 
conditions  as  the  subjects  of  all  other  nations. 
It  is  to  be  understood  that,  in  case  either  of  the  High  Contracting 
Parties  should  hereafter  grant,  of  its  own  accord,  to 
Limitation    of   any  other  nation,  advantages  subject  to  special  condi- 
tion provision.*    "    tions,  the  other  Contracting  Party  shall  enjoy  said 
advantages,  only  provided  it  complies  with  the  condi- 
tions imposed  therein  or  their  equivalent,  to  be  mutually  agreed  upon. 


APPENDIX.  471 

ARTICLE   VII. 

The  citizens  or  subjects  and  merchant  vessels  of  each  of  the  High 
Contracting  Parties  shall  be  subject,  at  the  ports  of 

merchMit'Veiiei/  *^®  other  open  to  foreign  commerce,  to  the  legal  pro- 
visions which  now  regulate  commerce  with  all  other 

nations  or  which  may  be  issued  hereafter. 

ARTICLE   VIII. 

The  import  duties  imposed  in  the  United  Mexican  States  on  the 
produce  of  the  soil  and  industry  of  China,  and  in  the 
port'JSttet"'*  *''    Empire  of  China  on  the  produce  of  the  soil  and  in- 
dustry of  Mexico,  shall  be  no  other  nor  higher  than 
those  to  which  the  same  produce-  of  the  most  favored  nation  are  or 
may  be  subject. 
The  same  principle  shall  be  observed  in  regard  to  exportation. 
No  prohibition  nor  restriction  of  importation  or  Exportation  shall 
take  place  in  the  reciprocal  commerce  of  both  countries, 
■triotion  0^  teade*'  ^^'^^^  ^^  ^®  likewise  applied  to  all  other  nations,  except 
for  sanitary  motives  or  for  the  purpose  of  preventing 
the  propagation  of  epizootics  or  the  loss  of  crops,  or  also  in  view  of 
events  of  war. 

ARTICLE   IX. 

The  ships  of  war  of  each  of  the  Contracting  Parties  shall  be  admitted 
into  the  ports  of  the  other,  where  those  vessels  of  all 
Their  privUege"  other  nations  are  allowed  to  enter,  and  to  be  treated 
as  those  of  the  most  favored  nation. 

They  shall  have  entire  liberty  to  purchase  provisions,  coal  and  the 
necessary  articles  for  a  voyage,  as  also  to  get  water  and  have  all 
necessary  repairs  made. 

The  ships  of  war  shall  be  exempt  from  the  payment  of  all  duties, 
both  on  their  arrival  and  departure. 

The  Commanders  of  'Mexican  ships  of  war  in  China  and  the  local 
principal  authorities  shall  mutually  treat  each  other  on  the  basis  of 
equality. 

ARTICLE  x. 

The  citizens  or  subjects  of  each  of  the  Contracting  Parties,  in  the 
Ez  m  ti  n  fr  m  ^^^^'^^^^'^  and  possessions  of  the  other,  shall  be  exempt 
mUitary  lervioe,  from  all  compulsory  military  service  whatever,  whether 
forced  loans,  etc.  jj^  ^^ie  army,  navy  or  national  guard,  or  militia.  They 
shall  likewise  be  exempt  from  all  contributions,  whether  pecuniary  or 
in  kind,  imposed  as  a  compensation  for  personal  service,  and,  finally, 


472  APPENDIX. 

from  forced  loans  and  from  charges,  requisitions,  and  war  contriba- 
tions,  unless  imposed  on  real  property  when  they  shall  pay  them 
equally  with  nationals. 

The  vessels,  cargoes,  merchandise  or  effects  of  citizens  or  subjects 
of  neither  Contracting  Party  shall  be  detained  for  any  military  expe- 
ditions or  for  any  public  purpose  whatever  without  corresponding 
compensation  first  being  agreed  upon  and  settled. 

ARTICLE   XI. 

The  merchant  vessels  of  each  of  the  Contracting  Parties  shall  be  at 
liberty  to  frequent  the  ports  of  the  other  open  to  f or- 
eign  conunerce  or  that  may  hereafter  be  opened. 

It  is,  however,  agreed  that  this  concession  does  not  extend  to  the 
coasting  trade,  granted  only  to  the  national  vessels  in  the  territory  of 
each  of  the  Contracting  Parties.  But,  if  one  of  them  should  permit  it 
wholly  or  in  part  to  any  nation  or  nations,  the  other  Party  shall  have 
the  right  to  claim  the  same  concessions  or  favors  for  its  citizens  or 
subjects,  provided  said  Contracting  Party  is  willing,  on  its  part,  to 
grant  reciprocity  in  all  its  claims  on  this  point. 

The  vessels  of  each  of  the  Contracting  Parties  shall  not  be  subject, 

M  tf  ▼ored  -  ^^  ^^®  territory  or  ports  of  the  other,  on  their  entrance, 
tion  treatment  for  departure  or  stay,  to  other  or  higher  duties,  charges 
mereliant  veMeU.  ^^  f^^  ^f  public  officials  on  account  of  tonnage,  light- 
house, port,  pilotage,  quarantine,  salvage,  assistance  in  case  of  damage 
or  shipwreck,  nor  to  other  charges  or  duties,  local  or  federal  of  what- 
ever kind  or  denomination,  than  are  paid  or  which  may  hereafter  be 
paid  by  vessels  of  any  other  nation. 

For  the  application  of  this  and  other  articles  of  the  present  Treaty, 
those  are  to  be  understood  as  ports  of  each  of  the  Conti^acting  Parties, 
which  are  opened  or  that  may  hereafter  be  opened  to  the  import  and 
export  trade  by  the  respective  Governments. 

The  two  Contracting  Parties  agree  upon  considering  a  distance  of 
three  marine  leagues,  measured  from  the  line  of  low 
riai^ateri**^**"  *^^^'  ^  ^^®  limit  of  their  territorial  waters,  for  every- 
thing relating  to  the  vigilance  and  enforcement  of  the 
Custom-House  regulations  and  the  necessary  measures  for  the  preven- 
tion of  smuggling. 

The  vessels  of  each  of  the  High  Contracting  Parties  which  may  nave 
been  disabled  near  the  coasts  of  the  other  and  may 
^^'  have  to  seek  shelter  in  a  port,  shall  receive  from  the 

local  authorities  all  the  assistance  which  they  can  render. 

The  merchandise  saved  shall  not  be  subject  to  the  payment  of  duties, 
unless  it  shall  be  landed  for  the  purpose  of  sale. 

Such  vessels  shall  be  treated  on  the  same  terms  as  are  granted  under 
similar  circumstances  to  those  of  other  countries. 


APPENDIX.  478 

ABTIOLE  Xn. 

The  engagement  by  contract  of  citizens  or  subjects  of  one  country 
as  laborers,  servants  or  the  like  in  plantations,  mills, 


Contract   labor- 


on. 


shops,  business  establishments  or  private  families  in 
the  other  country,  shall  be  subject  to  rules  to  be  estab- 
lished by  mutual  agreement  between  both  High  Contracting  Parties. 

ARTICLE  xni. 

Mexicans  in  China  who  may  have  occasion  of  complaint  against 

Chinese,  shall  lay  their  complaint  before  the  Mexi- 

vi^^i^^c^  ^^  Consul,  who  shall  investigate  the  facts  of  the  case 

and  exert  himself  to  bring  about  an  amicable  settlement. 

If  a  Chinese  should  likewise,  have  any  occasion  of  complaint  against 
a  Mexican  in  China,  the  Mexican  Consul  shall  listen  to  his  complaint, 
and  try  to  obtain  a  friendly  settlement.  Should  the  Consul  be  unable 
to  reconcile  the  parties,  the  case  i»  then  to  be  submitted,  in  all  equity, 
whether  the  plaintiff  be  a  Mexican  or  a  Chinese,  only  to  the  Court  to 
which  the  accused  is  subject. 

ABTIGLE   XrV. 

Mexican  citizens  in  China  who  may  commit  any  crime  against  Chi- 
nese subjects,  shall  be  arrested  by  the  Mexican  Consular 
authorities  and  punished  in  accordance  with  the  laws 
of  Mexico. 

Chinese  subjects  guilty  of  criminal  acts  against  Mexican  citizens  in 
China,  shall  be  arrested  and  punished  by  the  Chinese  authorities  in 
conformity  with  the  laws  of  China. 

As  a  general  rule,  every  civil  or  criminal  suit  instituted  in  China, 
between  the  citizens  or  subjects  of  the  two  Contracting  Parties,  shall 
be  tried  only  according  to  the  laws  and  by  the  authorities  of  the  coun- 
try to  which  the  defendant  or  accused  belongs. 
The  High  Contracting  Parties  shall  not  be  bound  to  reimburse  any 
money  that  has  been  stolen  or  obtained  by  fraud,  or 
">     T«    Q^ing  by  a  citizen  or  subject  of  one  of  the  two  coun- 
tries to  a  subject  or  citizen  of  the  other  coimtry.     In  case  of  robbery 
or  fraud  the  proceedings  to  be  instituted  shall  be  in  accordance  with 
the  laws  of  the  country  to  which  the  accused  belongs,  and  in  case 
of  debt,  the  authorities  of  the  country  of  the   debtor  shall  do  all 
they  can  to  make  the  debtor  comply  with  his  obligation. 

Should  Chinese  subjects  in   China,   who  are  principal   actors  or 
accomplices  of  a  crime,  take  refuge  in  the  houses, 
Chinoto   crimi-    warehouses  or  on  board  the  merchant  vessels  of  Mexi- 
dorod.       ■^"•'^"    can  citizens,  the  Chinese  authorities  shall  lay  the  facts 
in  this  case  before  the  Mexican  Consular  Officers,  and 
they  shall  conjointly  appoint  agents  for  the  apprehension  of  the  crim- 
inals, who  shall  not  be  protected  nor  hidden. 


474  APPENDIX. 

ARTICLE   XV. 

All  legal  questions  that  may  arise  in  China  between  Mexican  citizens 
concerning  their  persons  or  property  shall  be  subject 

Juriidiotionover    ^  ^j^^  exclusive  jurisdiction  of  the  Mexican  authori- 
Mezioani  in  Ciiina.  '' 

ties.  Suits  instituted  in  China  between  Mexican  citi- 
zens and  foreigners  shall  be  decided  only  by  the  authorities  of  their 
respective  countries. 

When  Chinese  shall  be  concerned  in  suits,  the  proceedings  shall  be 
in  accordance  with  the  provisions  of  the  two  preceding  articles. 

Should  the  Chinese  Government  think  proper,  hereafter,  to  estab- 
lish, in  accord  with  foreign  powers,  a  code  for  the  purpose  of  settling 
the  matter  of  jurisdiction  over  foreign  subjects  in  China,  Mexico  shall 
have  an  equal  share  in  said  agreement. 

ARTICLE   XVI. 

Persons,  of  whatever  condition  they  may  be,  who  may  land  from 

vessels  of  one  of  the  High  Contracting  Parties,  at  an 

Pnniihmeiit   of   open  port  of  the  other,  and  cause  any  disturbance  on 

peace^'  *'"     ^     shore,  within  twenty  four  hours  of  their  landing,  shall 

be  punished  by  the  proper  local  authorities,  but  only 

with  fine  or  imprisonment  in  accordance  with  the  usages  established 

at  said  port. 

The  questions  arising  from  collisions  in  Chinese  waters  between 

vessels  of  the  two  countries,  shall  be  decided  by  the 

CoUiBioniinChi-  authorities  of  the  accused  in  accordance  with  the  legal 
neie  waters.  i     .         .     -  •       n  «.  . 

regulations  m  force  in  all  countries  respecting  collisions. 

Should  the  complainant  not  be  satisfied  with  the  decision,  the  agents 

of  the  country  to  which  he  belongs  shall  be  authorized  to  apply 

officially  to  the  authorities  that  have  tried  the  oflfender,  and  they  shall 

retry  the  case  and  give  a  final  and  equitable  decision  on  the  same. 

ARTICLE  XVII. 

Chinese  subjects  in  Mexico  shall  have  free  access  to  the  judicial 

tribunals  of  the  country  for  the  defense  of  their  legiti- 

Legai  rightB  of   mate  rights.     They  shall  enjoy,  in  this  respect,  the 

same  rights  and  concessions  enjoyed  by  Mexicans  or 

by  subjects  of  the  most  favored  nation. 

ARTICLE   XVIII. 

This  Treaty  shall  be  engrossed  in  the  three  languages  Spanish,  Chi- 
nese and  English;  the  Spanish  text  shall  be  observed 

.v^^^f?^*****^'    in  Mexico,  the  Chinese  text  in  China,  and,  in  case  of 
thontative.  '  '       , 

disagreement,  the  English  version  shall  be  decisive. 


APPENDIX.  475 

ARTICLE   XIX. 

This  Treaty  shall  remain  in  force  for  ten  years  reckoned  from  the 
day  of  the  exchange  of  ratifications.     The  High  Con- 
^"  ^^'  tracting  Parties  can,  at  the  expiration  of  that  time, 

propose  modifications  by  means  of  a  notice  to  be  given  six  months  in 
advance;  and  if  neither  of  them  should  do  so,  the  Treaty  shall  con- 
tinue to  remain  in  force  in  all  its  provisions  until  the  expiration  of 
one  year  after  one  of  the  Parties  has  expressed  to  the  other  its  inten- 
tion of  terminating  it. 

ARTICLE   XX. 

This  Treaty  shall  be  ratified  by  the  two  High  Contracting  Parties 
and  the  ratifications  shall  be  exchanged  at  Washington,  as  soon  as 
possible. 

In  witness  whereof,  we,  the  respective  Plenipotentiaries,  have 
signed  this  Treaty  and  have  hereunto  affixed  our  respective  seals. 

Done  at  Washington,  in  two  originals  in  three  languages  Spanish, 
Chinese  and  English,  this  fourteenth  day  of  December  of  the  3'ear 
One  thousand  eight  hundred  and  ninety  nine  of  the  Christian  era, 
corresponding  to  the  twelfth  day  of  the  eleventh  moon  of  the  twenty- 
fifth  year  of  Kwang-Hsu. 

[seal.]    Manuel  de  AzpfROz. 
[seal.]    Wu  Ting-fang. 


ALPHABETICAL  INDEX. 


CHINA. 


477 


ALPHABETICAL  INDEX- CHINA. 


Name. 


Abtoonding  debtori. 


AdYMitagei 


Ai-nan-tm  (ProTinoe 

of  Kiang-tn ). 
Amerioan 


Amerioan  diina  De- 
Telopment  Co. 


Ammniiition, 


Amortiiatlon  . 


Amoy. 


subject. 


Chinese  absconding  debtors  of  Jap- 
anese to  be  dealt  with  by  China. 

Japanese  absconding  debtors  of 
Chinese  to  be  dealt  with  by  Japan. 

Surrender  of,  in  China 

Privil^es  and  immunities  granted 
by  Chinese  Government  or  by 
I>rovincial  or  local  administra- 
tions in  China  to  any  govern- 
ment or  individual  to  accrue  also 
to  Japan  and  its  subjects. 

Anthracite  coal  beds  of 


Citizens  have  right  to  reside,  trade, 
carry  on  industries  and  manu- 
factures in  all  localities  open  in 
China. 

Eight  to  establish  bonded  ware- 
houses at  open  ports. 

Citizens  resident  m  China  for  min- 
ing operations  to  be  subject  to 
special  regulations. 

Makes  contract  for  loan  and  for 
building  and  operating  Yueh- 
Han  R.  R. 

May  acquire  contract  to  Peking- 
Hankow  line  if  contract  wim 
Belgian  company  is  canceled. 

May  sulvise  and  discuss  adjuncts  to 
business  of  railway,  such  as  steam 
ferries,  warehouses,  etc. 

Status  of,  as  bona  fide  American 
company. 

Memorandum  of  ^reement  with 
the  British  and  Cninese  corpora- 
tion. 

Materials  used  exclusively  for 
manufacturing,  importation  into 
China  to  be  prohibited. 

See  Munitions  of  war. 

Of  indemnity  loans  for  Boxer  up- 
rising to  be  guaranteed. 

Of  Boxer  indemnity  to  end  in  1940. 

Table  of,  for  Boxer  indemnity 

Japanese  may  have  special  settle- 
ment at. 

Railways  may  be  prolonged  across 
Chinese  frontier. 

Telegraph  lines  to  be  joined  with 
Chinese. 


Num- 
ber of 
docu- 
ment. 

Article. 

Page. 

6 

23 

37 

6 

23 

37 

6 
19 

24 
9 

37 

124 

59 

4 

403 

20 

3 

137 

20 

6 

140 

20 

7 

141 

37 

252 

37 

257 

37 

11 

270 

37 

278 

49 

345 

15 

§5 

64 

15 

§6 

64 

15 

16 

6 

Ann 

Sup. 

6 

13 
3 

70 

84 
39 

3 

5 

23 

3 

6 

23 

479 


480 


ALPHABETICAL  INDEX — CHINA. 


Name. 

Subject. 

Num- 
ber of 
docu- 
ment. 

Article. 

Page. 

Anti-Gliriitian 

Clauses  of  Chinese  Code  repealed . . 

Laws  were  abrogate<i  in  1871 

Riots,  imperial  decree  for  preven- 
tion of. 

Members  of,  societies  to  be  pun- 
ished with  death. 

Edict  punishing  membership  in, 
societies  published. 

Text  of  preceding  edict 

62 
62 
63 

15 

15 

15 
61 

20 

20 

2 

15 

15 
16 

16 

15 
15 

1 
6 
6 
6 

18 

6 

18 

15 

15 

39 
45 

46 

49 

51 

418 

420 

Antiforeigpi 

§  10  (a) 

10  (a) 
Ann.  15 

422 
65 

72 

87 

Riots,  imperial  decree  for  preven- 
tion of. 
Opened  as  treaty  port 

416 

An-tung  (ProYinoe  of 

Sheng-king). 
Armiitioe 

12 
12 

143 

Residence  of  foreigners  at 

144 

Between  China  and  Japan  pending 
exchange  of  ratifications  treaty 
of  peace. 

And  material  used  exclusively  for 
manufacturing  of  arms  and  am- 
munition  not  to    be    imported 
into  China. 

Edict  prohibiting  for  two  years  im- 
portation of,  and  material,  etc., 
issued. 

No  separate  one  to  be  made  by 
Great  Britain  or  Japan  jeopard- 
izing either' 8  intents  in  China  or 
Korea. 

Great  Britain  and  Japan  may  ren- 
der each  other. 

For  Boxer  indemnity 

20 

Armi  - . 

§5 

5 

4 

3 

6(6) 
6(6,c) 

2 

8 

8 

15 

8,5  3 

14 

6 

6(c) 

§2,3 

64 

Arrangement 

Aiiiitanoe,  armed 

Bankeri,  GommUiion 

69 
98 

98 
70 

of. 

Duti^  of 

70 

Belgian  Company 

See  Lu-Han  Railway. 

Route  to  Namkhan  open  to  British. 

J  apanese  have  right  to  hire  in  China . 

Monopoly  in,  not  to  be  granted 

Cargo  boata  conveying  cargo  subject 
to  duty  to  pay  tonnage  dues. 

Subject  only  to  small  annual  tax, 
exclusive  of  tonnage  and  port  dues. 

China  consents  to  establishment  at 
the  open  ports. 

Increased   facilities    for,   at    open 
ports,  regulations,  fees. 

For  Boxer  indemnities,  how  issued. 

See  Railways. 

See  Frontier. 

Murder,   torture,   and  attack  for- 
eigners. 

Composition  of 

7 

Boat! 

33 

Bonded  warehoniee. . . 
Bondi  

33 
35 

107 
34 

105 
70 

Boundary  

Boxers 

63 

British    and  Chinese 

286 

Corporation. 

Party   to    agreement   to    operate 
Nan  Pfao  coal  mines. 

Party  to  loan  agreement  to  North 
China  railroad. 

Memorandum    of   agreement    be- 
tween, and  the  Amerioa.n  China 
Development  Co. 

Party  to  agreement  for  loan  and 
construction    of    railway    from 
Tientsin  to  Chinkiang  (See  Brit- 
ish   Syndicate;    and  Shanghai- 
Nanking  R.  R.). 

328 

332 

345 

355 

ALPHABETICAL  INDEX CHINA. 


481 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Pa^e. 

BritUh  and    Chineie 

To  construct,  equip,  and  operate 

51 

18 

358 

Corporatioii. 

southern  part  of  Tientsin-Chin- 
kiang  R.  fe. 

Britiih  STBdioate 

Contracts  for  loan,  building,  and 

39 

281 

operating  railway  from  Shanghai 
to  Nanking  and  for  branch  lines. 

Represented    by  Hongkong   and 
Shanghai  Bank  in  preliminary 

42 

317 

loan  agreement  for  Peking-New- 
chuang  R.  R. 
See  British  and  Chinese  corpora- 

tion ;  and  Shanghai-  Nanking  R.  R. 

Bureau  of  Minet  and 

Permits  for  mining  issued  by 

56 

2 

380 

BaUwayi. 

Revised  rep;ulation8   for    railway 
construction  issued  by. 

57 

383 

Bureau  of  Trade    of 

Given  sole  right  to  open  and  work 

•  40 

1 

305 

Shan-ii. 

coal  and  iron  mines  in  certain 

sections  of  province,  and  petro- 

40 

1 

305 

leum. 

Cedes  its  rights  to  Peking  Syndicate 

for  sixty  years. 
Authorized   to  contract  loan    for 

40 

2 

305 

mining  purposes. 

Bumiah. ........... . 

Frontier    between    Burmah    and 
China. 

1 

1,2,3 

5-8 

Boundary   Commission    to    settle 

1 

3 

7 

frontier  between  Shweli  and  Sal- 

ween  rivers. 

1 

4 

8 

China,  north  of  latitude  25°  36^ 

to  be  settled  ulteriorly. 

Demarcation  of  frontier  by  joint 

1 

5 

9 

commission. 

Withdrawal  of  military  posts 

Maintenance  of  good  order 

1 
1 

7 
7 

9 
10 

Unfortified  strip  along  border 

Freedom  of  trade  witn  China 

1 

7 

10 

1 

8 

10 

Trade  to  pass  through  Manwyne 

1 

9 

10 

and  Sansi. 

Tariff  reduced  to  develop  trade 

1 

9 

10 

Transit  passes— Smuggling 

Consuls  at  Rangoon  and  Manwyne. 
Passports  for  Chinese  going  to 

1 

9 

10 

1 

13 

11 

1 

14 

11 

Extradition  of  Chinese  from 

1 

15 

12 

Telegraph  lines  to  be  connected 
with  Chinese. 

1 

16 

12 

Favored  nation  treatment  for  over- 

1 

17 

12 

land  trade  with  China. 

Canton. 

Artificial  obstructions  to  navigation 
in  river  to  be  removed. 

18 

5 

104 

Accommodation  for  shipping  at,  to 
be  improved. 

Wharfage  dues^  additional,  at 

Contract  for  railway  to,  from  Han- 

18 

5 

104 

18 

5 

104 

37 

252 

Capital 

kow. 
Chinese,  in  German  railway  and 

mining  enterprises  in  Shan-tung. 
In  non-Chinese  enterprises  in  China, 

8 

2,S2.3,4 

48-49 

"1  t  "3  ^7   * 

18 

4 

103 

rights  and  liabilities  of  investors  of. 

27938—04 ^31 


482 


ALPHABETICAL   INDEX CHINA. 


Name. 

Subject. 

Num- 
ber of 
docu- 
ment. 

Article. 

Pa«e. 

Capital 

Of  British  subjects  in  Chinese  com- 
panies. 

Foreign  capital  in  mining  enter- 
prises in  China. 

Of  River  Pass  steamers  on  Yangtase. 

Certificates  in  Yangtze  trade 

In  China  to  be  subject  only  to  small 
annual  tax. 

Exportation  of,  from  China  forbid- 
den. 

May  be  exported  from  one  port  to 
another. 

Japanese  right  to,  in  China 

Foreign,  at  Peking  desecrated 

Expiatory  monument  to  be  erected 
in  desecrated. 

Expiatofy   monuments    in     dese- 
crated, sum  paid  for. 

On  Chinese  native  goods  on  pay- 
ment of  export  surtax,  valia  for 
one  year. 

Protective,  for  foreign  goods  sent 
to  interior  of  China. 

Protective,  for  foreign  imports,  to 
be  issued  on  payment  of  import 
duties  and  surtax. 

Of  protection  for  American  patents. 

May  be  opened  as  treaty  port 

Ox)ened  as  treaty  port  at  request 
of    Japan,    foreigners    residing 
there,  police  and  municipal  regu- 
lations. 

>Belong8  to  China 

18 

r  18 

\  20 

44 

44 

18 

1 

18 

6 
15 
15 

15 

18 

18 
20 

20 
18 
19 

/     1 

^Z 

41 

41 

41 
41 
41 

41 
41 

41 
59 

51 
32 

32 

32 
32 

4 

9 
7 
6 
8 
8,§  3 

11 

14 

4 

§4  (4) 

4 

8,  §3 

8,  §8 
4 

10 

8.  §  12 

10 

3 
3 

17 

104 

Carff  0 

111 
141 
325 

Carts 

326 
107 

Caih 

11 

CemeterieB 

113 
32 

Certifloate 

63 
64 

69 

107 

Ch'ang-iha  (in  Ptoy- 
ino6  of  Hunan). 

Chen-pien  T'ing,  Dii- 

109 
139 

142 
110 
125 

8 

triot  of. 
Chengting -T  a  i  7  n  a  n 
Bailway. 

Branch  lines  for  mining  purposes 

of  Peking  Syndicate  must   not 

approach  line  of. 
Preliminary  agreement   for  loan, 

constructing  of. 
Loan   contract   for   building   and 

operatinjpj. 

Amount  of  loan  for,  interest 

Bouds,  interest,  etc 

42 
308 

309 

313 

1 

2 

17 

23 
23 

24 

314 
314 

Amount  of  loan  bought  by  Russo- 

Chinese  Bank. 
Sections  of  line 

315 
315 

Advance  to  be  made  bv  Russo- 

Chineee  Bank,  how  to  be  used. 
Issue  of  bonds  by  bank 

316 
316 

Chih-li  (Provinoe  of)  . 

Chinkiang 

Cliineie  Eaf  tern  Bail- 

French  railway  and  mining  con- 
cessions in. 
Railway  to,  from  Tientsin 

402 

355 

Agreement  between  Russo-Chinese 
Bank  and  Chinese  Government 
for   construction    and    manage- 
ment of. 

Formation  of  company;  duties  of 
director. 

Shares  of,  by  whom  owned 

Survey  of  route  of  line  of 

212 

way. 

1 

1 
2 

212 

212 
212 

ALPHABETICAL   INDEX CHINA. 


483 


Chineie  Eaitern  Bail 
way. 


Time  for  commencing  and  com- 
pleting construction  of. 

Gauge  of  line 

Chinese  local  officials  to  assiHt  in 

building. 

Chinese  Government  to  protect 

Staff  of,  by  whom  engaged 

Crimes  and  lawsuits  on  land  of 

Land  required  for,  how  obtained, 

exempt  from  taxation,  rights  of 

company  on. 
Special  arrangements  for  mines  on 

land  of,  to  be  made. 
Material  for,  exempt  from  duties  . . 
Conveyance  of  Russian  troops  on  . . 
Foreign   passengers  on,   to    have 

passports. 
Goods  and    baggage   from    or  to 

Russia  to  be  carried  in  bond  over. 
Treaty  tariff  to  apply  to  freight  on. 
Transit  duties  on  goods  for  interior 

to  be  paid  on. 
China  to  establish  customs  stations 

where  line  of  traverses  frontier. 
Schedule  of  passenger  and  freight 

rates  on. 

Chinese  mail  on 

Chinese  troops  and  munitions  on  . . 
To  revert  to  China  without  pay- 
ment after  eighty  years. 
Mav  be  bought  by  China  after 

thirty-six  vears. 
All  profits  01  to  belong  to  company . 

Statutes  of  the  company  of  the 

Formation  of  the  company 

Term  of  concession .' 

Obligations   toward    the    Kuasian 

Government. 
Immunities  of  company  in  regard 

to  Russian  customs  dues. 
Technical  conditions;   periods  for 

commencement  and  termination 

of  work  on. 

Tariffs 

Legal  suits 

Rules  for  railway  conveyance 

Security  and  order  on  railway 

Capital' of  the  company  ^ 

Share  capital 

Bond  capital 

Guarantee  on  l)onds  by  Russian 

Government, 
(iuarantee  of  realized  bond  capital. 

Shares 

Reserve  capital 

Net  revenue 

Payments  by  Russian  Government 

under  guarantee. 

Settlement  of  accounts,  etc 

Reversion  of  line  to  China 

Purchase  of  line  bv  China 


32 


32 
32 

32 
32 
32 
32 


32 

32 
32 
32 

32 

32 
32 

32 

32 

32 
32 
32 

32 

32 
33 
33 
33 
33 

33 

33 


33 
33 
33 
33 
SS 
33 
33 
33 

33 
33 
33 
33 
33 

33 
33 
33 


7 
8 
9 

10 

10 
10 

10 

11 

11 
11 
12 

12 

12 

Ti' 

§2 
§3 

§4 

§5 


§6 

§  7 

§  V 

§  8 

§9 

§  10 

§  11 

§  11 


212 


212 
213 

213 
213 
213 
213 


213 

213 
213 
213 

214 

214 
214 

214 

214 

214 
214 
214 

214 

214 
215-224 
215 
216 
216 

218 

218 


219 
219 
219 
219 
219 
220 
220 
220 


§  12  I  220 


13 
I  14 
§  15 
§  16 

§  16 
§  29 
§  30 


220 
221 
221 
222 

222 
223 
223 


484 


ALPHABICTICAL  INDEX CHINA. 


Name. 

Subject. 

Num- 
ber of 
docu- 
ment. 

Article. 

Page. 

ChineBe  Empire 

Russia   recognizes    Manchuria   as 
integral  portion  of. 

France  and  Russia  declare  inde- 
pendence of,  basis  of  their  policy.  ■ 

Objects  of  the 

17 
30 

1 

99 
203 

Cliineie  Engineering 
and  Mining  Co. 

55 

375 

Liahilitv  of.  limited       --- 

55 
55 
37 
39 

34 

34 

34 

34 
34 

34 
34 

37 

37 
41 

58 

39 

39 

20 
20 

20 
20 

20 

61 
42 

4 
5 

16 
16 

1 

1 

378 

Canital  of  the 

378 

Chineie  Imperial  Bank 
Chinese  Bailway  Co. . . 

To  be  used  by  Canton-Hankow  R.  R. 

To  be  utilized  by  Shanghai-Nan- 
king R.  R.  Co. 

Concession  given  it  to  build  line 
from  near  Peking  to  Hankow. 

Makes  loan  for  above  purpose  of 
Belgian  company. 

Rights  and  duties  of,  in  connection 
with  building  and  operating  Lu- 
Han  R.  R. 

Solely  to  deal  with  Belgian  company 

Imperial    edict   authorizing    and 
]  :ranting  concession  for  Lu-Han 

Resources  of -. 

273 
300 

225 

225 

Passim. 

14 

1 

19 

229 
233 

238 

In  relation  to  operating  Lu-Han 
R.  R. 

Makes    contract    with    American 
China  Development  Co.  for  build- 
ing and  operating  railway  from 
Canton  to  Hankow. 

In  connection  with  Canton-Han- 
kow R.  R. 

Makes  loan  contract  with  Russo- 
Chinese    Bank    for    Chengting- 
Taiyufui  R.  R. 

Makes  loan  and  construction  con- 
tract for  line  from  Kai-feng  Fu 
to  Ho-nan  Fu. 

See  also  Chinese  Railway  Adminis- 
tration. 

Contracts  with  British  Syndicate  for 
loan,  building,  and  operating  line 
from  Shanghai  to  Nanking. 

Its  rights,  duties,  under  contract 
with  British  Svndicate. 

See  also  Chinese  ilailway  Co. 

Recognition  by  China  of   benefi- 
cence of. 

Chinese  professing,  not  to  be  har- 
assed or  persecuted  on  account 
of  faith. 

No  restrictions  to   be  placed    on 
Chinese  joining. 

Same  laws  to  apply  to  all  Chinese, 
those  professing  as  well  as  those 
not. 

Conversion  to,  not  to  protect  in  case 
of  ill-doing,  or  exempt  from  pay- 
ing taxes. 

Chinese  professing,  amenable  to  lo- 
cal authorities. 

Railway  line  from,  to  Hsin  Ming- 
tun. 

242-246 

252 

Passim. 

313 

389 

Chineie  Bailway  Ad- 
ministration. 

281 

Passim. 

Clirietianity 

14 

14 

14 
14 

14 

144 

144 

144 
144 

144 

417 

Chnng-hon-aon 

317 

ALPHABKTIOAL  INDEX — CHINA. 


485 


Name. 

Subject. 

Num- 
ber of 
docu- 
ment. 

Article. 

Page. 

(pmng-kiiig  (Province 
of  Sitt-oli'Qaii). 

Opened  as  treaty  port 

2 
2 

6 
18 

6 
20 

20 

6 

9 
37 

37 

41 
42 

45 

45 
52 

59 

59 
59 

18 

18 

20 

20 

f  18 
19 
20 
18 
19 
20 
77 

15 

15 

5 

6,  §  1 
6,  §  2 

Sup.      1 
5 

4 
14 

14 

5 

6 

17 

Steam  navigation  lor  Japanese  ves- 
sels from  I-chang  to. 
Japanese  settlement  at 

17 
39 

Chnrohof 

Navigation  for  steamers  between 
I-cnang  and,  to  be  improved. 

Japanese  right  to  build  in  China. . . 

No  restriction  or  discrimination  on 
Chinese  joining  Christian. 

Purchase  of  land  for  erection  of 

See  Subjecta. 

Japanese  vessels  carrying  on,  along 
coasts  and  rivers  of  China,  8ul> 
ject  to  confiscation. 

Port  Arthur  a,  except  for  Chinese 
and  Russian  vessels. 

Mines  to  be  opened  along  line  of 
Canton-HauKow  R.  R.  bv  oper- 
ating company. 

Mines  at  Ping-hsiang:  branch  rail- 
way line  of  Canton-Hankow  R.  R. 

Mines  of  Ping-ting  in  Shan-si 

Mines  along  line  of  North  China 
R.  R.  reserved  to  railroad. 

Mines  of  Nan  P'iao  and  neighbor- 
hood, agreement  for  operating. 

On  exportation  abroad  to  pay  duty. 

Fields  of  Wei-hsien  and  Tze-chuan 
in  Shan-tung;  railway  connection 
with. 

Anthracite  beds  of  Ainantzu  (Hu- 
peh). 

Beds  of  Yuan-shan  ( Kiang-su) 

Mines  in  Ssii-ch'uan,  conceded  to 
French  companies. 

Surtax  on  Chinese  produce  agreed 
to. 

Surtax  of    one-half    export   duty 
may  be  levied  as. 

Surtax  of,  on  Chinese  native  prod- 
uce agreed  to  by  United  States; 
amount  of. 

No,  on  machine-made  products  in 
China. 

China  to  provide  for  national,  uni- 
form, to  be  legal  tender. 

Coins  of  national,  to  be  used  in 
dischaige  of  debts  in  Haikuan 
taels. 

Between  Chinese  and  Mexican  ships 
in  Chinese  waters,  how  settled. 

And  navigation,  China  asked  to  re- 
vise existing  treaties  of. 

Revision  of  treaties  of,  agreed  to 
by  China. 

And  advantages  in  Yun-nan  and 
Ssti-ch'uan  conceded,  or  which 
may  be  conceded,  by  China  to 
France  or  Great  Britain  to  be 
enjoyed  alike  by  both. 

104 
32 

CUtiMnB 

144 
144 

Clandostixie  trade 

Closed  port 

32 
51 

Goal 

258 

25 

'I 

276 

312 
317 

328 

CkMMtwiM  dnUes 

Coinage  

Collifionf 

8 
§4 

4 

5 

7,8 

8 

8,5  7 

4 

4 

i 

13 

Ann.    A 

6 

13 

16 

111 

11 

4 

330 
364 

403 

403 
404 

105 

108 

137-138 

139 

103 
123 
144 
116 
123 
144 
474 

Commeroe    

65 

Commereial  privilegei 

72 
29 

486 


ALPHABETICAL   INDEX CHINA. 


Name. 


Commeroial  relationB  . 

Compagnie  O^n^rale  de 
Chemini  de  Fer  et 
Tramways  en  Chine. 


Compagnie  d' Orient  , 


Conceeiion 


Subject. 


China  asked  to  revise,  so  as  to  facili- 
tate them. 

Makes  loan  and  construction  con- 
tract with  Chinese  Railway  Co. 
for  line  from  Kai-f^ng  Fu  to  Ho- 
nan  Fu. 

Has  right  to  choose  chief  engineer 
for  construction  of  Kai-f^ng  Fu 
R.  R. 

See  Kai-f^ng  Fu-Ho-nan  Fu  R.  R. 

Makes  agreement  for  working  mines 
in  three  prefectures  of  Fu-kien. 

French  directors  to  form  majority. . 

Three  years  allowed  for  prospecting. 

Majority  of  shares  to  be  held  by 
Chinese. 

To  engage  experts,  conduct  mining, 
and  sell  produce. 

Shares  of  stock  of  each  mine;  de- 
bentures; taxes,  how  provided  for. 

Net  profits,  how  divide<i 

Guarantee  for  capital  invested  by ..' 

Conc'ession  to  run  for  fifty  years  - . . ! 

Accomits,  inspection,  etc' | 


Num- 
ber of 
docu- 
ment. 


15 

58 


58 


60 

60 
60 
60 

60 

60 

60 
60 
60 

Taxes,  obligation  concerning |    60 

Loan  agreement 60 

Land  to  be  purchased  by  Hua  Yu  Co .     60 
Amount  of   capital;  allotment  of       60 

sliares. 

Purchase  of  property 60 

Machinery,  et<:'.,  to' pay  likin  and       60 

other  inland  duties,  also  customs 

duties. 
To  pay  expenses  of  deputies  of  Bu-       60 

reau  of  Mines  and  military  escorts. 
Steps  to  be  taken  in  prospecting  bv .     60 
Can  dredge  rivers  and  build  branch       60 

railway  lines;    ma])s;  telegraph 

lines. 
To  have  direction  of  all  operations;       60 

staff;  workmen. 
To  comply  with  laws  and  r^ula-       60 

tions. 
Yearly  profits  of,  how  to  be  applied .     60 

Accepts  regulations  as  to  taxes 60 

Accounts  to  be  kept  separate  for       60 

each  mine. 
Annual  accounts,  examination  of . .     60 
Chinese  Government  to  have  mincB       60 

and  all  pr()i)erty  after  fifty  years. 
If  three-fourths  of  shares  are  held       60 

by  Chinese,  Bureau  of  Mines  can 

buy  out  the. 
Machinery  and   materials  to  pay       60 

customs  dutias,  but  exempt  from 

likin. 
See  Hua  Yu  Company. 
To  Germany,  to  build  railways  in 

Shantung. 
To  Russia,  of  right  to  extend  rail  way 

to  Talienwan. 


Article. 


1 11 


19 


5 
6 
7 

8 

10 

.... 

2 

4 
6 


10 
11 


12 

13 

14 
14 
15 

16 
17 

18 
19 


2,§  1 

8 


Page. 

a5 

389 
395 

407 

407 
407 
407 

408 

408 

409 
409 
409 
409 
409 
410 
410 
411 

411 
412 

412 

412 
413 

413 

413 

414 
414 
414 

414 
414 

415 
415 


47 
52 


ALPHABETICAL   INDEX CHINA. 


487 


Num- 

Name. 

Subject. 

ber  of 
docu- 

Article. 

Page. 

X 

ment. 
9 

8 

Coii06i8ion 

Of  preceding,  not  to  be  used  as  pre- 
text for  encroachment  on  Chma. 

52 

For  railway  privileges  in  districts 
traversed  by  Port  Arthur  line. 

10 

3 

54 

China  not  to  'make  any,  in  neutral 

10 

5 

54 

strip  north  of  Port  Arthur,  etc. 

To  France,  of  right  to  build  railway 

11 

7 

57 

from  Kwang-chou-  wan  to  Leichou. 

Political  or  exclusive  commercial, 

18 

8,§  14 

111 

not  to  be  made  by  China  to  pow- 
ers agreeing  to  terms  of  Art.  \  III, 

British  treaty,  1902. 

Mining  concessions,    new   regula- 

r 18 
\20 

9 

111 

tions  for. 

7 

141 

For  railways  north  of  Great  Wall 

27 

1  1 

183 

of  China,  Great  Britain  not  to 

seek. 

For  railways  in  basin  of  Yangtze, 

27 

§2 

183 

Russia  not  to  seek. 

For  branch  railway  line  from  Man- 
churian  Railway  through  region 
traversed    by  Sin-min-ting  and 
Newchwang  lines,  may  be  asked 
by  Russia. 

For  railway  from  Peking  to  Hankow . 

Of  right  to  build  railway  from  Tong- 
king  to  capital  of  Yiin-nan  con- 

27 

184 

• 

34 
36 

225 

250 

• 

ceded  France. 

For  railway  from  Pakhoi  to  West 
River  made  to  France. 

38 

280 

Standing  of  applicants  for  mining 

48 

6 

341 

or  railway  concessions  to  be  deter- 
mined. 
Work  on  mining  or  railway,  to  be- 

48 

8 

'Ml 

gin  within  six  months. 

Chinese  capital  to  be  preferred  in 

48 

9 

342 

working  mining  or  railway. 

Foreign  loans  for  working 

48 

10,11,12 

M2 

Granted  by  the  (jennan  Govem- 
mentto  the  Shan-tung  Railway  Co. 

52 

;^63 

For  railway,  does  not  confer  mining 
rights. 

French  railway  and  mining 

Of  railway  inChe-kiang  to  French  Co . 

57 

18 

387 

59 
59 

402 

6' 

403 

Laokav  to  Yiin-nan  Fu  Railway. 

Abstract. 
Minine.  in  Fu-kien  Province 

59 

9 

404 

60 

407 

Conflioation Japanese  vessels  and  cargoes  hu  b- 

6 

5' 

32 

ject  to,  in  Chinese  ports  not  open 

to  trade. 

In  case  of  fraud  in  issue  of  draw- 

18 

1 

103 

back  certificate,  goods  subject  to. 

Of  morphia,  imported  without  per- 
1      mit. 

Congo  free  State And  China  agree  by  treaty  to  con- 

1      fer  mutual  most-favored-nation 

18 

11 

113 

76 

467 

treatment. 

Confloryaney  Board  . . . 

For  improvement  of  bed  of  Whang- 
poo,  created;  composition  of,  ex- 
penses for  work  of. 

15 

11   (h) 

73 

488 


ALPHABETICAL   INDEX — CHINA. 


Name. 


Ooninli  . 


Contraband . 


GonYerti  . 


Subject. 


Cotton  . 


China  may  appoint  in  Burmah 

Great  Britain  to  appoint  consul  at 
Manwyne. 

British  and  Chinese  in  Yiin-nan  and 
Burmah)  their  privileges,  corre- 
spondence. 

Duties  of  British  and  Chinese  for 
passports  to  travel  between  China 
and  Bunnah. 

Japan  may  station  them  at  Sha- 
shih,  Cliung-king,  8n-chow, 
Hang-chow. 

France  may  station  consuls  at  Toug- 
hing, opposite  Monkay. 

France  may  station  consul  at  Ho- 
k'ou,  Lung-chou,  Meng-tse,  and 
Ssu-mao. 

Japan  and  China  may  appoint  them 
m  each  other's  country.  Their 
rijfhts,  privileges,  immunities. 

Duties  of  Japanese,  in  China  as  to 
passports. 

Of  Japan  and  absconding  debtors 
or  offenders. 

Of  Japan  to  have  control  over  roads 
and  police  of  Japanese  settle- 
ments. 

Of  Great  Britain  at  Moniein  or 
Shun-ning  Fu  instead  of  Man- 
wyne. 

Of  the  United  States  in  China. 
Their  rights,  p^i^'ilege8,  immuni- 
ties. Most-favored-nation  treat- 
ment for. 

Recognition  of  United  States,  by  Chi- 
nese Government  to  be  prompt. 

Of  Mexico  and  China,  to  receive 
most-favored-nation  treatment. 
Rights.     Immunities. 

Jurisdiction  of  Mexican,  in  China.. 

Steamers  and  tows  on  inland  waters 
m ust  not  carry ,  goods.    Penalty . 

Trade  in  opium  and  salt,  preven- 
tion if  not  to  interfere  with  pro- 
visions of  treaty. 

To  Christianity  not  to  be  discrim- 
inated against. 

Not  to  pay  taxes  for  religious  cus- 
toms or'  practices  contrary  to 
faith. 

Must  conform  to  law  of  China 

Remain  Chinese  subjects  and  amen- 
able to  local  authorities. 

Claune  in  Chinese  Code  concerning. 

Roman  Catholic  missionaries  not  to 
interfere  in  lawsuits  of  non-con- 
vertij  with. 

iSee  Christianity. 

Yam  and  cloth  made  by  machinery 
in  China  to  pay  excise 


Num- 
ber of 
docu- 
ment. 

Article. 

P»«e. 

1 
1 

13 
13 

11 
11 

1 

13 

11 

1 

14 

11 

2 

6 

17 

3 

1 

21 

3 

2,3 

22 

6 

3 

31 

6 

6 

32 

6' 

24 

37 

6 

Sup.      1 

38 

7 

13 

43- 

20 

2 

136 

20 

2 

137 

77 

III 

469 

77 
18 

13-15 
Ann.C.6 

473-474 
120 

20 

Ann.     1 

146 

20 

14 

144 

1 
20 

14 

144 

20 
61 

14 

144 
417 

62 

419-420 

64 

425 

18 

8,  §9 

109 

ALPHABETICAL  INDEX CHINA. 


489 


Num- 

Niune. 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Page. 

Cotton 

Raw,  rebate  on  import  duties  and 

18 

8,1  9 

109 

exemption  all  taxes  and  duties 

on  importations  from  abroad. 

Yarnand  cloth  manufactured  either 

20 

4 

139 

by  foreigners  or  Chinese,  treated 
alike  as  to  taxation.     Rebates. 

Coniumptioii  tax 

When  Chinese  native  produce  be- 
comes subject  to. 

18 

8,  §  3 

107 

Silk  not  exported,  subject  to 

18 

8,  J  7 

108 

Leviable  on  articles  of  Chinese  ori- 

18 

8,  §  8 

108 

gin  not  destined  for  export. 

Only  to  be  levied  at  place  of  con- 

18 

8,  §  8 

108-109 

sumption.     China  to  fix  amount 

of. 
Payable  at  native  custom-house  of 

open  ports. 
Amount  of,  to  be  fixed  by  China . . . 

18 

8,  §8 

109 

18 

8,  §  8 

109 

Not  levied  within  foreign  settle- 

18 

8,  §  8 

109 

• 

ments. 

Raw  cotton  imported  from  abroad 

18 

8,1  9 

109 

exempt  from. 

Japan  agrees  to  same  as  accepted 
by  all  treaty  powers. 

19 

1 

122 

Cooliei : 

Monopoly  in,  not  to  be  granted 

Japanese,    for  books,   pamphlets, 
maps,  and  charts  in  Chinese,  and 

6 

8 

33 

CovTiiff  htB 

ww|r^*«Qu«v    .......... 

1  19 

5 

123 

for  special  use  of  Chinese,  to  be 

[  20 

11 

143 

protected  and  registered. 
Libelouspublications  not  protected 

throug[n  copyrighting. 
Translations  into  Chinese  of  Ameri- 

I 19 

5 

123 

/20 

11 

143 

20 

11 

143 

can  books  or  maps  by  Americans 

not  protected  by. 

Conrt 

Ceremonial  at  receptions  foreign 
representatives  at  Peking,  to  be 
reformed. 

15 

§  12 

65 

Ceremonial  modified . . 

15 
15 

12 
Ann.   19 

73 

Memorandum  on  the  ceremonial 

95 

to  be  followed  in  solemn  audi- 

ences at. 

flvimitii^U 

In  Burmah  and  China  to  be  sur- 
rendered. 

1 

15 

12 

Chinese^in  territory  leased  to  Rus- 
sia at  Port  Arthur. 

9 

4 

51 

Mexican  and  Chinese;  jurisdiction 

77 

14 

473 

in  case  of. 

Surrender  of  Chinese  by  Mexican 
consular  officers  in  Chma. 

77 

14 

473 

CmtoniB  oertificateB. . . 

Chinese  goods  in  transit  to  or  from 
China  through  Annam,  to  be  ac- 
companied by. 

3 

4 

22,23 

CuBtomB  dntiei 

To  be  calculateJi  on  basis  haikwan 
tael. 

Equalitv  of  treatment  as  to,  prom- 
ised by  France  in  territories  in 
China  leased  by  her. 

18 

Ann.  A. 

115 

28 

186 

At  stations  outside  Dalny;  equality 
of  treatment  promised  by  Russia. 

28 

198 

At   open   ports    outside  territory 
leased  by  Russia,  only  concerns 
China;  Russia  will  not  seek  pref- 

28 

198 

erential  treatment. 

490 


ALPHABETICAL   INDEX CHINA. 


Name. 


Subject. 


1" 


Num- 
ber of 
docu- 
ment. 


-- 


Cnitoms  dutiei . . . 
CnitomB  Stationi . 


Dalny 


Debts 

Declaration. 


Decree . 


Deep  Bay 


Deutioh-Asiatiiche 
Bank. 


Diplomatic  agents. 


On  goods  carried  on  Chinese  East- 
ern Railway.     Transit  dues. 

(Chinese  in  leased  zone  at  Kiao- 
chou. 

('hina  to  establish,  where  Chinese 
Eastern  liailway  crosses  frontier. 

Along  railway  lines 

Along  railway  lines;  how  to  be  lo- 
I      cated. 

I  Imperial  order  for  construction  of.. 
'  To  be  a  free  port  during  entire  pe- 
riod of  lease  of  territory  of  Pbrt 
Arthur. 

Conditions  under  which  free  tra<le 
at,  granted  bv  Russia. 

Of  Chinese  to  Japanese  in  China. . . 
I  Recovery  of 

Of  Japanese  to  Chinese 

Limiting  stipulations  of  convention 
of  Mar.  1 ,  1894,  on  frontier,  and 
frontier  trade  between  Burmah 
and  China. 

Defining  policy  of  France  and  Rus- 
sia regarding  China  and  Korea. 

Of    Emperor  of    China  accepting 
'      twelve  conditions    imposea    by 
'      Powers  for  settlement  Boxer  dis- 
turbances. 

Of  Emperor  of  China  concerning 
prevention  of  anti-Christian  riots. 

Of  Emperor  of  China  concerning 
protection  of  missionaries. 

Included  in  area  leased  to  Great 
I      Britain. 

Vessels  of  war  of  China  may  use . . . 

Party  to  agreement  for  loan  and 
construction  of  railway  from 
Tientsin  to  Chinkiang. 

To  construct,  equip,  and  operate 
northern  part  of  Tientsin-Chin- 
kiang  R.  R. 

To  work  its  part  of  road  till  loan  is 
redeemed. 

May  transfer  its  rights,  etc.,  to  Ger- 
mans only. 

Represents  the  Shan-tung  Railway 
Co.  in  concession  for  Tsin-tao — 
Tsi-nan  R.  R. 

Japan  and  China  may  appoint  to 
each  other's  court.    Their  rights. 

C-ourt  ceremonial  at  reception  of, 
at  Peking  to  be  reformed. 

Of  the  United  States  to  China. 
Their  rights,  privileges,  immuni- 
ties. Most-favored  nation  treat- 
ment. 

Of    Mexico    and    China   in   each 
other's  country.     Rights,  privi- 
immunities. 


32 

8 

32 

48 
57 

53 


77 


ArUcle. 


10 

5 

10 

20 
20 


Pa^e. 

214 
47 
214 

344 

388 

370 


53 

370 

53 

370 

6 

23 

37 

6 

23 

37 

6 

23 

37 

1 

-• —- 

13 

30 

?m 

15 

66 

61 

416 

63 

4??. 

V?. 

5';) 

U 

59 

51 

a55 

51 

18 

358 

51 

29 

361 

51 

31 

362 

52 

363 

6 

2 

31 

15 

§12 

65 

20 

1 

136 

468 


ALPHABETICAL  INDEX — CHINA. 


491 


Name. 

Subject. 

Num- 
ber of 
docu- 
ment. 

Article. 

Page. 

Diiturbancei 

1 

In  China  or  Korea,  Great  Britain 
and  Japan  recognize  each  other's 
right  to  take  inaispensable  meas- 
ures on  account  of. 

In  China,  France,  and  Russia  to 
consult  in  caae  of,  for  securing 
their  interests. 

On  Yangtze,  made  a  port  of  call . . . 

Railway  from,  to  Lung-chou  may 
be  prolonged  to  Nan-ning  and 
Pe-se. 

On  foreign  goods  which  have  paid 
import  duty. 

CashinfiT  of ............... 

16 

30 

18 
3 

6 

6 

r  18 

120 

18 

|s 

t  20 
20 

6 

20 
32 

34 
37 

:i9 

51 
34 

35 
39 
77 

2 
15 

15 
17 
17 

2 

97 
203 

Do    Sing    (or    Ton- 

ch'Sng). 
Dong-dang 

Drftwbaek  cortifieate . . 

10 

112 
24 

13 

13 

1 
8 

1 

1 
8 

1 
8 
8 

11 

34 
34 

Dntiei 

To  be  issued  within  three  weeks  of 

presentation  of  papers  to  customs. 
Valid  tender  in  payment  of   all 

duties  except  transit  dues. 
On  foreign  goods  re-exported,  may 

be  cashed  within  three  years  of 

date  of  issue. 
Attempt  to  defraud  by  application 

for. 
Not  legal  tender  for  tonnage  dues . . 
See  Coastwise;    Import;    Export; 

Tonnage;    and   Transit   duties; 

Dut^  free  articles. 
Transit  dues  on ,. .. 

102 
141 
103 

103 
141 

103 
141 
141 

Duty  free  artielei 

34 

List  of,  imported  into  China 

Materials  for  Chinese  Eastern  Rail- 
way. 

Materials  for  Lu-Han  R.  R 

Materials  for  Canton-Hankow  R.  R. 

Materials    for    Shanghai-Nanking 
R.  R. 

All  materials  and  revenues  of  Tien- 
tsin-Chin kiang  R.  R. 

Imperial,  authorizing  Chinese  Rail- 
way Co.  and  granting  concession 
for  Lu-Han  R.  R. 

Imperial,   establishing  Bureau  of 
Control  of  Railways  and  Mines. 

Imperial,  to  sanction  agreement  for 
Shanghai-Nanking  R.  R. 

Free,  between  China  and  Mexico 
agreed    upon.     Prosecution    for 
forcing. 

Mode  of,  by  Japanese  armies  of 
China. 

Of  Peking  and  province  of  Chih-li 
by  the  Powers;   when  to  take 
place. 

Date  of,  by  Powers  of  Peking  and 
province  of  Chih-li  fixed. 

Of  Manchuria  by  Russian  forces, 
mode  of,  period  for. 

Chinese  troops  in  Manchuria,  before 
and  after  Russian. 

169-170 

Bdiot 

7 

9 
12 
14 

22 

1 

213 

245 
256 
299 

360 

233 

249 

Emigration 

24 
5 

7 

303 
470 

Svaenation 

17 
65 

12 
2 
3 

73 
100 
100 

492 


ALPHABETICAL    INDEX CHINA. 


Name. 


EvMUatioB . 


Ezaminatioiis . 


Ezeiie  tax. 


Exemption  . . . 
Export  dntioi. 


Subject. 


After  Rufisian,  of  Manchuria,  no 
other  Powers  to  be  allowed  to 
occupy  evacuated  territory. 

After  complete,  of  Chih-li  and  Pe- 
king, that  city  to  be  open  port. 

Suspension  of  official  for  five  years 
demanded. 

Edict  ordering  suspension  of,  issued. 

List  of  cities  in  which,  were  sus- 
pended for  five  years. 

Of  double  import  duty  on  machine- 
made  ^am  and  cloth  manufac- 
tured in  China,  freeing  it  from 
all  other  taxes  and  duties. 

Same^to  be  levied  on  all  other  ma- 
chine-made products  in  China. . . 

Exceptions  to  above  payment  of . . . 

Chinese  Government  works  ex- 
empt from  paying,  on  their 
products. 

Japan  agrees  to,  same  as  accepted 
by  all  treaty  powers. 

From  all  taxation,  examination,  de- 
lay, etc. ,  insured  to  native  produce 
in  transit  after  payment  of  export 
surtax. 

On  Chinese  goods  through  Annan 
to  Chinese  open  ports. 

Drawback  certificates  valid  tender 
in  payment  of. 

Surtax  on,  Chinese  produce  subject 
to. 

Amount  of,  on  native  produce 

Surtax  on,  to  be  jmd  by  Chinese 
native  produce  in  transit  in  in- 
terior. 

Certificate  of  native  customs  for 
payment  of  export  surtax  on  na- 
tive produce,  to  be  accepted  on 
exportation. 

China  may  recast  tariff  of,  not  to 
exceed  5  per  cent  ad  valorem. 
Notice  of  cnange. 

On  silk 

Surtax  on,  on  Chinese  native  prod- 
uce agreed  to  by  United  States. 
Amount  of. 

May  not  exceed  5  per  cent 

Surtax  on,  to  be  levied  at  place  of 
original  shipment  or  at  time  of 
export. 

No,  on  machine-made  goods  in 
China. 

Tariff,  payable  on  mining  produce. . 

On  coal  of  Chinese  Government 
mines. 

On  output  of  mines  to  be  paid 

Most  fovored-nation  treatment  as 
to,  agreed  to  between  Mexico 
and  China. 


18 

18 

18 
18 


18 


18 


18 
20 


20 
20 


20 

40 
45 

60 
77 


Num- 
ber of 
docu- 
ment. 

Article. 

Fnge. 

17 

3,  {  1 

100 

19 

10 

125 

15 

f  2(6) 

64 

15 
15 

2,  10  (b) 
Ann.     8 

68,72 
80 

18 

8,  f  9 

109 

18 

8,  f  9 

109 

18 
18 

8,  §  9 

8,  J  9 

109 
109 

19 

1 

122 

18 

8,  §3 

107 

3 

4,  §  2 

22 

1       103 


8 
8,  i  3 

8,  S3 


8,  f  7 


8,  §  7 

4 


105 

106 
107 


107 


108 


108 
138 


138 
139 


139 

306 
330 

350 
471 


AUPHABETIOAL   IKDEZ CHINA. 


493 


Num- 

Name. 

subject 

ber  of 
docu- 
ment. 

Article. 

Page. 

Expropriation  ....... 

1 

Chinese  to  receive  compensation 

for,  at  Kiao-chou. 
Of  Chinese  in  territory  leased  to 

France  at  Kuang-chou-wan. 
Orexpulsionof  inhabitantsin  Kow- 

loon  extension  forbidden. 
Or  expulsion  of  inhabitants  at  Wei- 

hai  Wei  forbidden. 

Chinese  in  Japan  not  to  enjoy 

Persons  and  property  of  Japanese 

in  China  to  enjoy. 
Great  Britain  agrees  to  relinquish, 

in  China,  after  reform  of  judicial 

system. 
Japan    and  United   States    agree 

to  relinquish,  in  China,  after  re- 
form of  judicial  svstem. 
Of  Mexicans  in  China 

8 
11 
12 

5 
3 

47 
56 

58 

SxterritoriaUty 

6 
6 

18 

3 
20 

12 

31 
36 

113 

I  1» 
|20 

77 

1 

11 
12 

11 
15 

14-15 
15 

6 

125 
145 

473-474 

Bztradition 

Criminals  in  China  and  Burmah 

to  be  surrendered. 
Of  Chinese  in  territory  leased  to 

France  at  Kuang-chou-wan. 
Of  Chinese  in  territory  leased  to 
Great  Britain  to  extend  to  Hong- 
kong. 

Between  Korea  and  China 

Scale  of,  at  bonded  warehouses 

For  registration  of  trade-marks 

Southern  portion  of,  ceded  to  Japan . 

Delimitation  of  territoiy  ceded 

Islands  adjacent  to,  ceded 

12 

i 

56 
59 

Fooi 

Ftog-tion..L 

69 
18 
18 
2 
2 
2 
2 

4 
4 
4 

15 

18 

3 

'■I 

7 
2 
2 
2 
3 

1 
2 
3 

1 

437 

105 

106 

14 

14 

15 

Fino 

Fivei-Iille  Oo 

Joint  commission  of  delimitation 
to  be  appointed. 

Retroceded  by  Japan  to  China 

Compensation  for  retrocession 

Mode  of  payment  of  compensation 
for  retrocession  of. 

For  purpose  guaranteeing  payment 
by  China  of  Boxer  indemnities. 

For  attempt  to  defraud  in  connec- 
tion with  application  for  draw- 
back certificate. 

May  be  asked  by  China  to  prolong 
railway  toward    Nan-ning   and 
Pe-se. 

Transfer   to    Chinese,    of   British 
steamers  for  inland  navigation 
not  to  be  hindered. 

British,  may  not  be  used  by  Chi- 
nese company  running  steamers 
on  inland  waters  in  which  British 
are  stockholders. 

Reoi^nization  of  naval  arsenal  at, 
intrusted  to  French  mission. 

Island  of,  and  islands  appertaining 
thereto,  ceded  to  Japan. 

Commissioners  to  make  transfer  . . . 

May  be  erected  by  Germany  at 
Kiao-chou. 

At  Port  Arthur  and  Talienwan  to 
be  erected  at  Russia's  expense. 

15 

26 
26 
26 

•64 

103 

24 

Flaff 

18 
18 

59 

2 

Ann.C.5 
Ann.C.5 

11 
2 

119 

Fooohow 

Formosa 

119 

406 
15 

Fortifleations 

2 

8 

5 
2 

16 
46 

9 

7 

51 

494 


ALPHABETICAL   INDEX — CHINA. 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Pa«e. 

Fortificatioiui 

May  be  erected  by  France  at  Ku- 
ang-chou-wan. 

11 

4 

56 

At  Wei-hai  Wei,  may  be  erected  by 

13 

§3 

60 

Great  Britain. 

Fort! 

Between  Peking  and  sea  to  be  razed. 
China  agrees  to  razing  of,  between 

15 

'1 

64 

15 

71 

Peking  and  seacoast. 

Free  port 

Kiao-chou 

8 

45 

Knang-cboii-wan 

55 

Dalny,  ordered  built  and  declared  a. 
Between  Burmah  and  China 

"53" 

370 

Frontier 

1 

"   "i,"2,"3' 

5^ 

Burmah-China  frontier   north   of 

1 

4 

8 

latitude  25°  36^ 

Joint  commission  for  demarcation 

1 

6 

9 

Burmah-China  frontier. 

1 

7 

10 

China  frontier. 

Intercourse  and  trade,  oonvention 

2 

6 

16 

for,  between  China  and  Japan. 
China- Annam,  policing  of,  to  be  set- 

3 

1 

22 

tled  with  Fmice  by  agreement. 
Burmah-China,  modified  on  part 
of  Kiang  Hung  being  ceded  to 

7 

40 

France. 

Burmah  and  China  in  latitude  26° 

7 

1-3 

40-42 

3y  north. 

Joint  Chinese  and  British  commis- 

7 

6 

42 

sion  to  demarcate  Burmah-China. 

At  Kiao-chou  to  be  delimited  by 

8 

3 

46 

Chinese-German  commission. 

At  Port  Arthur  and  Talienwan 

9 

2 

50 

At  Port  Arthur,  to  be  fixed  by 

9 

2 

50 

special  convention. 

Of  territory  leased   to  Russia  at 

10 

1 

53 

insular. 

Of  neutral  zone  north  of  preceding. 
Of  territory  leased  by  France  at 

10 

2 

53 

• 

11 

2 

56 

Kuang-chou-wan. 

Of  territory  leased  to  extend  Hong- 
kong. 
Of  territory  at  Wei-hai  Wei  leased 

12 

58 

13 

<2 

60 

to  Great  Britain. 

Chinese  native  custom-houses  on 

18 

8,§  1 

106 

land,  to  be  maintained. 

Goods  imported  into  China  across 

land. 
China  declares  she  will  not  cede  or 

lease  any  portion  of. 
Contract  with  French  for  reoigan- 

ization  of  naval  arsenal  at  Foo- 

18 

8,f  2 

106 

Fu-kien 

26 

181 

59 

11 

406 

chow,  in. 

Mines  in,  to  be  worked  by  French. 
Agreements  for  mining  and  for  loan 

m. 
Bureau  of  Mines  of,  established; 

59 

11 

406 

60 

407 

60 

410 

its  duties. 

Fnng  Chnen  (or  Feng- 

On  West  River,  made  port  of  call.. 

18 

10 

112 

cVuan). 

Gemukiiy ..--- .. 

Chinese  Government  to  submit  or- 

8 

1 

45 

dinances  concerning  Kiao-chou 

Bay  zone  to. 

ALPHABETICAL   INDEX — CHINA. 


495 


Name. 


Germany. 


Hankow 


Han-yang . 


Hei-lnngehianf^. 


Subject 


Glaai  work! 

Gold 

GoTomor 

Grain 

Gnaranteei 

Guard! 

Haiknan  tael 

Hai-nan,  Iiland  of. . . 

Hang-chow  ( Province 
of  Che-kiang). 


Ho-k'on  (in  Province 
of  Tttn-nan). 


Rights  acquired  by,  at  Kiao-chou.. 

May  exchange  Kiao-chou  for  more 
suitable  place. 

To  protect  Chinese  inhabitants 

Secures  rights  for  railways  in  Shan- 
tung. 

State' 8  intentions  as  to  railways  and 
mining  in  Shan-tung. 

Manufacturers  and  merchants  of, 
to  have  preferential  treatment  in 
Shan-tung. 

PledKCS  herself  to  maintenance  of 
policy  of  • '  open  door  *  *  and  integ- 
rity of  China. 

Great  Britain  dedares  she  will  not 
injure  or  contest  Grermany's 
rights  or  interests  in  Shan-tung. 

Asked  to  make  declaration  in  favor 
of  ** open-door*'  policy. 

Declares  acceptance  of  "open-door" 
policy  advocated  by  United  States. 

Subjects  of,  may  have  rights  of 
Deutsch- Asiatische  Bank  in 
Tientsin-Chinkiang  Railroad 
transferred  to  them. 

To  be  established  in  Shansi 

Mines  in  Ssu-ch'uan 

Russian  official  administering  Port 
Arthur  and  leased  territory  shall 
not  be  entitled  governor-general 
or. 

Grain  and  pulse  of  every  kind  not 
to  be  exported  from  China. 

To  be  given  by  China  for  payment 
Boxer  indemnities. 

For  legations  at  Peking,  right  to  be 
conceded  to  Powers  to  maintain. 

Customs  duties  to  be  calculated  on 
basis  of. 

China  declares  she  will  not  cede  or 
lease. 

Opened  as  treaty  port 

Steam  navigation  for  Japanese  ves- 
sels from  Shanghai  to. 

Japanese  settlement  at 

Railway  from  Su-chow  to 

Japanese  may  have  special  settle- 
ment at. 

Peking  Railwav.  (See  Lu-Han 
R.R.). 

Canton  Railwav.  (See  Yiieh-Han 
R.  R.). 

Products  of  Government  works  at, 
exempt  from  excise  tax. 

Iron  Works'  products  to  be  used 
when  satisfactory  on  Chinkiang- 
Tientsin  R.  R. 

Evacuation  of  Province  of,  by 
Russian  troops. 

Oi)ened  to  Franco- A nnamite  trade 
instead  of  Man-hao. 


Num- 
ber of 
docu- 
ment. 


8 
8 

8 
8 

8 

8 

14 

25 

28 
28 
51 


41 

50 

9 


1,18 

15 

15 

18 

21 

2 
2 


ArUcle. 


6 
34 


2 
5 

5 
§11,1 

2,  §3,4 
2,  §4 

§1,2 


13 
6 
4 


11,14 

§6 

§  7 

Ann.  A 


6,  S  1 
6,  S  2 

Sup.  1 

Sup.'  "3' 


18 
51 

17 
3 


Page. 


46 
47 

47 

48 

48,49 
49 

62 

480 


186 
188 
29       361 


8,§  9 
22 

2 
2 


312 

349 

51 


11, 114 

64 

64 

11«,  116 

173 

17 
17 

39 

304(n) 
39 

225 

246 

109 

360 

100 
22 


496 


ALPHABETICAL   INDEX CHINA. 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Pa«e. 

Eo-k'on  (in  Province 
of  Tlin-nan. ) 

Ho-nan  (Province  of). 

Duties  on  Chinese  goods  in  transit 
through. 

Duties  on  Chinese  exports  from 

Mining  regulations  for 

3 

3 
43 
43 
59 
12 
12 

39 

42 

42 
46 

45 
46 

46 
51 

51 

6 
11 
13 

16 

16 

6 
20 

20 

18 
42 

6 
59 
50 

4.S  1 
4,§2 

22 

22 
320 

Branch  railway  lines  for  mining  in. 
French  concessions  in 

17 

323 

402,403 

58 

Honff  konff 

Extension  of  territory  agreed  to 

Rights  ceded  and  reserved  by  China 
in  territory  leased  to. 

Party  in  British  Syndicnte  in  Shang- 
hai-Nanking R.  R.  contracts. 

Represents    British    Syndicate   in 
loan     agreement     for     Peking- 
Niuchwang  R.  R. 

All  receipts  and  earnings  of  Peking- 
Niuchwang  R.  R.  to  be   depos- 
ited with,   during   currency    of 
loan  to  R.  R. 

For  itself,  and  as  agent  for  other 
parties,  signs  agreement  to  oper- 
ate Nan  Piao  coal  mines. 

For   itself   and    for    British    and 
Chinese  Corporation  signs  final 
M^ement    for    loan   to    North 
China  R.  R. 

Issue  of  loan  to  North  ChinaR.  R.  by. 

Party  to  agreement  for  loan  and 
construction,  railway  from  Tien- 
tsin to  Chinkiang. 

May  transfer  its  rights  in  Tientsin- 
Chinkiang  R.  R  to  British  only. 

Japanese  right  to  build,  in  China . . 

France  may  build,  at  On-pu 

Great  Britain  may  build,  at  Wei- 
hai  Wei. 

Great  Britain  and  Japan  to  prevent 
other  Powers  joining  in,  in  case 
either  are  at  war  to  defend  in- 
terests in  China  or  Korea. 

Great  Britain  and  Japan  to  join  in, 
in  case  other  Powers  join  enemy 
of  either  in  war  to  defend  inter- 
ests in  China  or  Korea. 

Japanese  right  to  rent  or  purchase, 
in  China. 

Americans  have  right  to  rent  or 
purchase  houses,  places  of  busi- 
ness, or  other  buildings  within 
suitable  localities  at  all  localities 
open  to  trade,  etc. 

Missionary  societies  may  rent  or 
lease,  for    missionary '  purposes 
throughout  Empire. 

On  West  River,  made  port  of  call.. 

Railwav  line  from  Chnng-hou-so  to. 
{See  Sin-rain-ting.) 

Port  of  call 

58 

Hongkong  and  Bhang- 
poration. 

281 

317 

3 

8 

318 
334 

328 

332 

9-17 

335-337 
355 

Eoepitali 

31 

2 

3 

4 
3 

14 
10 

362 
32 

Hof  tiliti«« 

57 
60 

97 

Honiee 

98 
31 

HowLik(orHou-li).. 
Hein  (or  Sin)  Ming- 
ting  (or  tun.) 
Hu-kow 

137 

144 

112 
317 

5 

32 

Hu-peh  (Province  of) . 
Hna-Ti  Company 

French  concessions  in 

402,403 

348 

Established    for    mining   in    Ssti- 
ch'uan. 

1 

ALPHABETICAL   INDEX CHINA. 


497 


1 

1 

Num- 

Name 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Pa«e. 

Hna-Ti  Company 

Makes  agreement  for  minine  in  Ssfi- 
cb'uan  with  Chinese  andforeign 
capital. 

To  collect  rent  from  mines  worked 

60 

1 

348 

60 

6 

349 

by  Hui-Tung  Company. 
To  deal  exclusively  with  all  matters 

60 

11 

361 

of  negotiation. 

To  pay  rent  for  Government  lands 

60 

8 

412 

{see  al9o  Compagnie  d' Orient). 

Hul-ohow 

See  Waichow. 

Makesa^reement  with  Hua-  Yi  Com- 
pany lor  mining  in  Ssti-ch'uan. 
Has  foreign  merchants  in  it 

Eul-Tnng  Oompany. . . 

"60"" 

""348" 

60 

2 

348 

To  eupermtend  and  work  mines 

exclusively. 
To  have  Chinese  manager  and  a 

60 

11 

361 

60 

11 

351 

foreign  one  for  each  work. 

To  pay  Mining  Bureau  monthly  for 

50 

14 

362 

each  mine  opened. 

Expenses,  division  of  profits,  etc. . ." 

50 

16 

362 

Accounts  to  be  kent  bv 

60 

16,17 

352 

To  have    control    of    each    mine 

60 

18 

352 

opened  for  fifty  years.  Reversion 

to  Chinese  Government 

Machinery,  material,  and  supplies 

60 

22 

353 

purchased,  to  pay  on  importation 
full  duty  and  transit  duty. 

Not  to  grant  aid  to  enemy  in  case  of 

60 

23 

353 

I-ohang 

war. 
Navigation  by  steamers  from,  to 

Chung-king  to  be  improved. 
Appliances   for  hauling   steamers 

18 

6 

104 

19 

2 

122 

from,  to  Chung-king. 

I^oura 

Railway  line  from  Tsi-nan  Fu  to 
Tsin-tao,  to  be  built  by  Shantung 
R.  R.  Co.    Promise  good  to  190>i. 

62 

§10 

367 

Import  dotiei 

To  be  paid  at  Ssii-mao  on  goods 
from  Annam. 

3 

3 

22 

On  Chinese  goods  imported  into 

3 

4,S3 

23 

China  from  Chinese  open  port 

through  Annam. 

On  foreign  goods,  to  be  made  5  per 
cent  effective. 

16 

6  (6  3) 

71 

Drawback  certificates  valid  tender 

18 

1 

103 

for  payment  of. 

Surtax  on  foreign  goods,  amount 

18 

8,§  2 

106 

of,  brought  into  China  across  land. 

Frontier,  same  as  by  sea 

18 

8,§  2 
8,§9 

106 

Rebate  of,  on  raw  cotton  imported . 

18 

109 

Surtax  on  foreign  goods  imported 

20 

4 

138 

by  Americans,  amount  of,  condi- 

tions. 

Refund  of,  on  yam  and  cloth  of 

20 

4 

139 

Chinese-grown  cotton  imported. 

Payable  on  machinery,  materials, 

40 

8 

306 

and  supplies  for  mining. 

Most-favored-nation  treatment  as 

77 

8 

471 

to,  agreed  to  between  Mexico  and 

Chma. 

27938-04 32 


498 


ALPHABETICAL   INDEX CHINA. 


Name. 


Subject. 


NUTl- 

berof 
docu- 
ment. 


Article. 


F^ge. 


Indenmity 


Mode  of  pay- 
Payments  by 


Independence . 


Inliabitanti 


Inland  watere. 


China  pays  Japan, 
ment.  Interest, 
anticipation. 

Wei-hai  Wei  to  be  held  by  Japan 
as  guarantee  for  payment  of. 

To  Japan  for  retrocesision  of  F^ng- 
tien. 

To  governments,  societies,  compa- 
nies, and  individuals  who  suf- 
fered by  Boxer  uprising  of  1900. 

China  agrees  to  pay  450  millions 
haikuan  taels  to  l*owers. 

For  Boxer  disturbances,  how  cal- 
culated. 

Interest  and  amortization  of  Boxer. 

Service  of  Boxer,  debt 

Revenues  assigned  as  security  by 
China  for  payment  of  Boxer. 

Korean,  recognized  by  China 

Siamese;  France,  and  Great  Britain 
reserve  liberty  of  action  to  uphold. 

Korean,  recognized  by  Great  Britain 
and  Japan. 

Of  China  and  Korea;  France  and 
Russia  declare  this  the  basis  of 
their  policy. 

On  territory  ceded  by  China  to  Ja- 
pan may  be  considered  Japanese 
after  two  years. 

On  territory  retroceded  by  Japan 
to  China  not  to  be  molested. 

On  Kiao-chou  territory  leased  to 
Germany. 

Chinese,  within  territorv  leased  to 
Russia  at  and  arouna  Port  Ar- 
thur. 

Of  city  of  Kin-chou,  limits  of  rights. . 

Chinese,  in  territory  leased  to 
France  at  Kuang-chou-wan. 

Chinese,  in  territory  leased  to  Great 
Britain  to  extend  Hongkong. 

Chinese,  in  Kowloon  extension  not 
to  be  expropriated  or  expelled. 
Land  to  be  bought  at  fair  price. 

Chinese,  at  Wei-hai  Wei,  not  to  be 
expropriated  or  expelled.  Land 
to  be  bought  at  fair  price. 

Navigation  by  Japanese  vessels  ex- 
tended. 

Rules  and  regulations  for  naviga- 
tion of,  to  be  applied  to  Japanese 
vessels. 

Navigation  of,  rules  and  regula- 
tions amended. 

Steam  navigation,  additional  rules 
for. 

Launches  may  not  cross  dams  and 
weirs  when  navigating. 

Transfer  to  Chinese  flag  of  British 
steamer  for  navigation  of,  not  to 
be  liindered. 


2 

4 

15 

15 

15 

15 
15 
15 

2 
5 

16 


4 
8 
9 

10 
11 

12 

12 

13 

2 
2 

18 

18 
19 
18 
19 

18 
19 


8 
2 

§6 

6 

6  (a) 


6  (a 

6 

6 


(a) 


§    1 

6  §  2 
6  §  3  4 

10 


15,16 

18 
26 
64 


70 
70 
70 

14 
28 

97 

203 


16 

26 

47 
51 

54 
56 

58 

58 

61 

17 
17 

112 


Ann.  C     118-120 
Ann.     1    12&-128 
Ann.C4  '     119 
Ann.  1  4  I     127 

Ann.  C5  I     119 
*  nn.  1  o  I     127 


ALPHABKTICAL   INDEX — CHINA. 


499 


Name. 


Subject. 


Num- 
ber of 
docu- 
ment. 


Article. 


Page. 


Inland  waten 


Inipector-Oeneral . 
Integrity 


Intereit. 


Internal  taxation 
Intervention 

InTeitigation . . . 
InTeetore 

I-pang 

Iron 


Irrawaddy 
Iilande  ... 

Japaneie . . 


To  be  opeued  to  steam  navigation 

gradually. 
Navigation  of,  open  to  all  Japanese 

steamers. 
Dues  and  duties  for,  appointment 

of  olScer  for  collection  of,  to  be 

made. 
Navigation  of,  open  to  Americans . . 
R^mations  for  navigation  of,  may 

he  amended  at  request  of  U.  S/ 
Navigation  of.     Trade  on  Yangtze 

River. 
See  Navigation. 
Of  Maritime  Customs,  to  be  a  British 

subject. 
Of  China,  policy  of  Great  Britain 

and  Germany  to  maintain. 
Of  China,  in  case  any  Power  seeks 

to  impair,  Germany  and  Great 

Britain  to  take  action. 
Of  China;  Great  Britain  and  Ger- 
many to  aj^k  Powers  accept  their 

principles  concerning. 
China  to  guarantee  pajTnent  of,  on 

Boxer  indemnities. 
At  4  per  cent,  and  reimbursement 

in  39  years,  for  Boxer  indemnity. 
On  Boxer  indemnity,  when  paya- 
ble. 
See  Railway. 
See  Likin. 
In  China  and  Korea;  Great  Britain 

and  Japan  recognize  each  other's 

right  to. 
Into  iliejpil  taxing  or  obstructions 

by  native  custom-houses. 
Chinese,  in  non-Chinese  enterprises. 
Equality  of  treatment  of  Chinese,  in 

joint-stock  companies. 

British,  in  Chinese  companies 

See  Mining  and  Regulations. 
Route  from,  to  Ssii-maoand  Fu-erh 

open  to  trade. 
Government  iron  works  at  Ta  Yeh, 

products  of,  exempt  from  excise 

tax. 
Mines  in  certain  sections  of  8han-si 

leased  to  Peking  Syndicate. 
Mines  along  line  of  North  China 

R.  R.  reserved  to  company. 
Mines  in  Ssii-ch'uan  conce<led  to 

French  companies. 
Chinese    vessels    on,    treated    as 

British. 
Around  territory  leased  to  Russia 

in  Liao-tung  Peninsula,  included 

in  leased  territory. 
Leased  to  France  with  Kuang-chou- 

wan. 

Diplomatic  agents  in  China 

Consular  agents  in  China 


18 
19 
19 

19 


20 
20 

44 


23 
14 
14 

14 

15 
15 
15 

16 

18 

18 
18 

18 

i      ^ 

18 

I     '^ 
I     42 

59 

I       1 
I     10 

11 

6 
6 


Ann.  C  7  120 

Ann.  1  7  127 

3  122    , 

Ann.  4  5  130-131 


12 
12 


S2 
§3 

§4 

§  6 

6  (a) 
6  (a) 


8  §  11 

4 
4 

4 

3 

8  !  9 


2 

7,8 

12 

1 


143 
143 

324 


J     176 


62 
62 

62 

64 
70 
70 

97 

110 

103 
103 

104 

22 

109 

305 

307 

404 

11 

53 

55 

31 
31 


500 


ALPHABETICAL   INDEX CHINA. 


Name. 


Japanese . 


Yettiea. 


Judicial. 
JuLk  ... 


Juriidiotion . 


Subject. 


Subjects  in  China 

Merchant  vessels  in  China. 
Traveling  in  China. 


Num- 
ber of 
docu- 
ment. 


Employing  Chinese,  right  of,  in 
China. 

Boats  may  be  hired  by,  in  ChitA. . . 

Jurisdiction  over,  in  China 

Trial  of,  in  mixed  casen 

Debtors  in  China,  their  surrender. . 

Interests  and  rights  in  China  and 
Korea. 

Commerce,  rights  and  privileges  in- 
sured most-favored-nation  treat- 
ment. 

Steamers  of  all  tvpes  may  navigate 
Chinese  inland  waters. 

Chinese  partnen^hips  or  companies; 
rights,  liabilities,  etc. 

Government  officers,  subjects,  com- 
merce, navigation,  shipping,  in- 
dustries, and  property  oi  all 
kinds  to  enjoy  most-favored- 
nation  treatment. 

On  banks  of  waterways  may  be 
leased  for  term  of  25  years,  re- 
newable. 

Must  not  obstruct  waterway 


System,  China  to  reform  . 


Duties  and  likin  on  goods  carried 
by,  from  Hongkong  to  open  ports 
in  Kuang-tung. 

Trade  to  or  from  open  ports,  sub- 
ject to  same  duties  for  cargo  as 
steamers. 

To  l)e  subject  only  to  a  small  an- 
nual taxation,  exclusive  of  ton- 
nage and  port  dues. 

Native  goods  brought  by,  to  open 
ports,  to  be  reported  to  native 
custom-house. 

Owned  or  chartered  by  foreigners, 
employed  on  Yangtze. 

Over  Chmese  subjects  in  Japan 

Over  Japanese  subjects  in  China. . . 

In  mixed  cases  in  China 

Over  Chinese  territory  south  of 
Nam  wan  River  ceded  to  Great 
Britain  under  perpetual  lease. 

Over  zone  of  50  kil.,  round  Kiao- 
chou  Bay. 

Over  extension  of  Hongkong  ter- 
ritory. 

Over  leased  territory  at  Wei-hai 
Wei,  solely  British. 

In  zone  contiguous  to  Wei-hai  Wei; 
Chinese  not  to  be  interfered  with. 

Chinese  to  continue  in  walled  citv 
of  Wei-hai  Wei. 


6 

6 

6 

16 

19 


19 
19 
19 

18 


18 
18 
19 
20 
13 


18 


18 


18 
20 

44 

6 
6 
6 
7 


8 
12 
13 
13 
13 


Article. 


4 
5 
6 

7 

8 

20 

21-22 

24 

1 

1 


3 
4 
9 

Ann.  B.  1 


Ann.  B,  2 


PB«e. 


31 
32 
32 


36 
36 
37 
97 

121-122 

122 
123 
124 


118 


119 


12  113 

11  I  125 

15  145 

3  I  103 


8  S  3  '     107 


8  S  3 


8  §  8 
4 


3 

20 

21-22 

2 


§2 
§  3 

§4 


107 


109 
139 

326 
31 


42 

45 
58 
60 
60 
60 


ALPHABETICAL  INDEX — CHINA. 


501 


Jnriidiotioii . 


Kalflng  Fa  Honan  Fn 
KB. 


Kan-kong   (or   Chia- 
chiang  j . 

Kaalnng  Kwan 

KtogMa 


Xetteler,  Baron  Ton 


Of  China  in  Manch  uria  restored  by       1 7 

Russia. 
Over  Chinese  in  Japanese  partner-       19 

ships  or  companies   to  rest  in 

Chinese  courts. 
Over  Japanese  in  Chinese  partner-       19 

ships  or  companies   to  rest  in 

Japanese  courts. 
Over  Chinese  Christians  rests  solely       20 

with  native  authorities. 

Over  Mexican  citizens  in  China 77 

International  code  for,  over  for-       77 

eigners  in  China. 
Chinese  in  Mexico,  to  enjoy  same 

rights  and  concessions  as  Mex- 
icans. 
Contract  for  loan  for  building  and       58 

operating.  ! 

Line  to  form  branches  of  Lu  Han  i    58 

line. 

Amount  of  loan,  gold,  interest 58 

Bonds  for  loan,  coupons 58 

Redemption  of  loan 58 

Amortization,  rate  of 58 

Coupons  payable  in  francs 58 

Guarantee  of  bonds,    by  Chinese       58 

Government  and  by  receipts  of 

line. 
Net  receipts,  how  to  be  disposed  of. ;    58 
Bonds  to  be  free  of  all  taxation  in  ;    58 

China,  same  exemption  to  ap- 

pl^  to  all  operations  connected 

with  loan. 

Payment  of  coupons  and  bonds I    58 

Chief  engineer  to  be  chosen  by  Bel-  '    58 

gjian  company. 

Chinese  staff  of 58 

Inspector  to  be  appointed  by  direct-       58 

or-general  of  Chinese  railways. 
Work  to  be  finished  in  two  years . .     58 

First  section  of  road  to  be  built 58 

Preference  to  be  given  Belgian  com-       58 

pany  for  extension  of  line  to  Si- 

ngan  Fu. 
Materials  imported,  free  of  duties      58 

and  likin.  I 

Preference  to    be   given  Chinese       58 

products.  I 

Arbitration  in  ease  of  disputes I    58 

On  West  River,  made  port  of  call..     18 

Situation  to  be  ascertained 1 

Tsawbwaship  of,  belongs  to  China.  1 

Belongs  to  China 7 

Murder  of 15 

Expiatory  mission  to  be  sent  to  15 
Berlin  to  express  regrets  of  Em- 
peror of  China  for  murder  of. 

Monument  to,  to  be    erected  on  15 
spot  of  murder  of. 


99 
122 

122 

144 

473-474 
474 

474 

389 
389 


1 
2 
3,4 
5 
6 
7, 10, 11 


8 
14 


15 
19 

19 
19 

19 
22 
23 


24 


25 
10 

6 
3 
3 

§  1 

4  (la) 


S  4  (lb) 


390 
391 
391 
391 
391 


392 
394 


394 
295 

396 
397 

397 
398 
399 


399 


24       400 


400 
112 

9 

8 

41 

63 

64 


64 


502 


ALPHABETICAL   INDEX CHINA. 


Name. 


Ketteler,  Baron  von  . . 
Kiang  Hung,  State  of. 


Kiang-nan  . 


Kiang-in  ( Froyince  of) 
Kiao-clioa 


Kin-ohou  (City  of)  ... 


Kirin 

Kinng-ohon 

Kokang,  State  of 

Komchuk 

Kong-knn      market 

(Province  of  Knang- 

tnng). 
Kongmoon   (Province 

of  Knang-tung). 

Korea 


Subject. 


Expiatory  mission  to  Berlin,  on  ac- 
count of,  sent. 

Monument  to,  erected 

Ceded  to  China,  conditions  of  ces- 
sion. 

Great  Britain  waives  objection  to 
alienation  of  part  of,  by  China. 

China  not  to  cede  any  |>ortion  of, 
without  agreement  with  Great 
Britain. 

Railway  from,  to  Hu86  conceded 
to  French  syndicate. 

French  concessions  in 

Zone  of  50  kilometers  round  bay  of, 
free  for  passafi^e  German  tnwps. 

Bay  of,  leased  to  Germany  for  ninety- 
nine  years. 

Limits  of  territory  leased  at 

Navigation  signals  at,  to  be  con- 
structed by  Germany. 

Return  by  Germany  of  leased  terri- 
tory at,'  compensation  for. 

Not  to  be  sublet  by  Germany 

Customs  stations  in  zone  leased  at. . 

Rail  wayH  from,  to  boundary  of  Shan- 
tung Province  and  to  the  Tsi-nan 
Fu. 

The  Imperial  Government  of,  to 
cede  necessary  lands  to  Shan-tung 
R.  R.  Co. 

Rail  way  company  to  pay  annual  ("on- 
tribution  for  harbor  works  and 
expenses  of  protectorate. 

See  Shan-tung  and  Shan-tung  Rwy. 
Co. 

To  be  under  Chinese  administra- 
tion, but  with  Russian  garrison. 

Rights  of  inhabitants  of 

Evacuation  of  Province  of,  by  Rus- 
sian forces. 

See  Hai-nan. 

Ceded  to  China  by  Great  Britain  . . 

Port  of  call  on  West  River 

Opened  as  treaty  port 

Made  a  port  of  call 

To  be  opened  as  treaty  port 

Independence    of,   recognized    by 

Chma. 
Independence    of,   recognized    by 

Great  Britain  and  Japan. 

Interests  of  Japan  in 

Great  Britain  and  Japan  may  take 

steps  to  safeguard  interests  in. 
Intervention  in,  by  Great  Britain 

or  Japan. 


Num- 
ber of 
docu- 
ment. 

Article. 

Pa«re. 

15 

1(a) 

67 

15 

1 

1(6) 

67 
9 

7 

7 

40 

5 

42 

59 

6 

403 

59 

8 

5 

1 

403 
45 

8 

2 

46 

8 
8 

3 
4 

46 

47 

8 

5 

47 

8 
8 
8 

5 

5 

SII,1 

47 

47 

47-48 

52 

§9 

367 

52 

Sn 

368 

10 

4 

54 

10 
17 

4 

2 

54 
100 

1 

3 

8 

7 

7 

Spec.  art. 
Spec.  art. 

44 
44 

7 

Spec.  art. 

44 

18 

/  8,   S  12 
I           10 

110 
112 

2 

1 

14 

16 

1 

97 

16 

1 

97 

16 

1 

97 

16 

1 

97 

16 

]               1 

1 

97 

ALPHABETICAL   INDEX — CHINA. 


503 


Name. 


Korea 


Subject. 


Num- 
ber of 
docu. 
ment. 


Kowloon . 


Kuaohao 

Knany-ohon  wan. 


Kaang-fi     (Proyince 
of). 


Knang-tung     (ProT- 
inee  of). 


Knei-chon    (Province 

of). 
Knlow  (or  Kn-lao) . . . 
Knnlong 


Land 


Great  Britain  and  Japan  not  to 
enter  into  separate  arranprement 
to  the  prejuaice  of  each  other's, 
interests  in. 

Great  Britain  and  Japan  to  confer 
when  interests  of  either  in,  are  in 
jeopardy. 

Independence  of  China  and,  basis 
of  policy  of  France  and  Russia. 

Treaty  of  commerce  with 

China  to  retain  jurisdictionincity  of . 

Landing  place  at,  for  sole  use  of 
Chinese. 

Railway  from,  to  be  discussed 

Canton  R.R 

See  Chinkiang. 

Leased  to  France  for  ninety-nine 
years. 

Limits  of  territory  leased  by  Fran(« 
at 

Made  a  free  port 

Administration  of  leased  territory  at . 

Ri^ht  to  fortify,  garrison,  etc 

Railway  to  be  built  from,  to  west 
coast  of  Lei-chow. 

Rental  for,  to  be  paid  by  France, . . 

French  aid  may  be  asked  by  China 
for  mining  in. 

China  repeats  willin^ess  ask  for 
French  aid  for  minmg  in. 

French  aid  may  be  asked  by  China 
for  mining  in. 

China  rei)eats  willingness  ask 
French  aid  for  mining  in. 

Junk -borne  goods  from  Hongkong 
to  treaty  ports  in;  no  preferen- 
tial treatment  as  to  duties. 

French  railway  lines  in 

Mines  in  certain  prefectures  of, 
conceded  to  France. 

Mining  rights  in,  conceded  to 
French  company. 

On  West  River,  made  port  of  call. . 

Ceded  to  (ireat  Britain  by  China  . . 

Whole  of,  belongs  to  Great  Britain. 

Japanese  right  to  lease  or  rent,  in 
China. 

In  Kowloon  extension  to  be  ac- 
quired only  by  purchase. 

At  Wei-hai  Wei  to  be  acquired  only 
by  purchase. 

Americans'  right  to  lease  or  rent, 
in  China. 

Missionary  societies  may  rent  or 
lease,  as  property  of  societies, 
throughout  Empire.    Title  deeds. 

Acquired  bv  Chinese  Eastern  Rail- 
way; rights  on,  exemption  from 
taxation. 

See  Mining  and  Railway. 


16 


16 

16 
30 


12 
12 

12 


11 
36 
11 

11 
11 
11 
11 

36 
3 


3 

18 

59 
59 

59 

18 

1 
7 
6 

12 

13 

20 

20 

32 


Article. 


Page. 


3,5 

4 

7 


10 
10 


10 
3 
3 
4 


§  1 


14 


98 


98 

98 
203 

434 

58 
58 

58 
304(n) 

55 

250 

55 

55 
56 
56 
57 

250 
23 

24 

23 

24 

103 

406 
406 

404 

112 

8 

41 

32 

58 

61 
137 
144 

213 


504 


ALPHABETICAL   INDEX CHINA. 


Name. 


Land  tax. 
Laokay  . . 


Leaied  territory. 


Legations . 


LiUn. 


Subject. 


I  Num- 
I  berof 
docu- 
ment. 


To  be  paid  by  Shanghai-Nanking 
R.  R. 

Pa^ble  on  mining  lands 

Railway  from,  to  Yi'in-nan  Hsien 
conceded  French  company. 

Abstract  of  convention  between 
French  Government  and  syndi- 
cate for  building  railway  from, 
to  capital  of  Yiln-nan. 

By  Great  Britain  from  China;  tract 
south  of  Nam  wan  River.  Per- 
petual lease.     Amount  of  rent. 

By  Germany  at  Kiao-chou  Bay 

Return  of,  at  Kiao-chou  by  Ger- 
many, compensation,  new  place. 

By  Ruksia,  at  Port  Arthur,  Talien- 
wan  and  adjacent  waters. 

At  Port  Arthur,  term  of  lease 

Rights  of  Russia  within,  at  Port 
Arthur. 

Chinese  inhabitants  may  remain 
in  Port  Arthur  and  a<ljacent. 

Neutral  strip  north  of,  at  Port 
Arthur. 

In  Liao-tung  Peninsula,  includes 
adjacent  islands  and  waters. 

By  Great  Britain,  to  extend  terri- 
tory of  Hongkong. 

By  Great  Britain  at  Wei-hai  Wei, 
for  as  long  as  Port  Arthur  is  oc- 
cupied by  Russia. 

At  Peking,  attacked  and  besieged.. 

Guards  at,  right  of  Powers  to  have, 
demanded. 

Quarter  for,  at  Peking  may  be  for- 
tified. 

Limits  of  quarter  for,  at  Peking 

On  withdrawal  guards  of,  and  of 
foreign  troops  m  Chih-li,  Peking 
to  be  opened  to  international 
residence  and  trade. 

None  to  be  charged  on  foreign  goods 
transported  from  one  open  port 
to  another. 

And  duties  combined  on  junk- 
borne  goods  to  be  equal  to  those 
on  steamer-borne  goods. 

China  recognizes  that  it  is  injurious 
to  trade;  agrees  to  discard  it 
within  certain  limitations. 

Barriers  to  be  abolished  on  all 
roads,  railways,  and  waterways 
in  China.     Exceptions. 

Increased  import  duty  on  foreign 
goods  in  lieu  of. 

On  salt  abolished 

Compensations  granted  China  for 
abolition  of. 

Barriers  and  taxation  to  cease  Jan. 
1, 1904,  if  all  Powers  accept  terms 
of  British  treaty. 


39 

56 
59 

59 


Article. 


12 
9 


Pa«e. 


295 

381 
404 

4a5 


42 


46 
47 


1  !      60 


9 
9 

3 
4 

50 
61 

9 

4 

51 

9 

5 

51 

10 

1 

53 

12 

58 

13 

60 

15 
15 

.......... 

if 

63 
64 

15 

f  7 

64 

15 
19 

7 
10 

,g 

6 

10 

33 

18 

3 

103 

18 

8 

105 

18 

8,§1 

106 

18 

8,  §2 

106 

'  18 
18 

8,  S6 
8,S8,9 

108 
108-109 

1  18 

8,  §13, 14 

110-111 

ALPHABETICAL   INDEX OHINA. 


505 


Likin. 


liao-tnng  Feniniula. 


Libeloiu 


Light-hoate  dnei. 


When  abolition  of,  has  been  de- 
cided upon  and  sanctioned,  im- 
perial edict  to  issue. 

Allocation  to  provinces  of  portion 
surtaxes,  as  compensation  for 
loss  of. 

Complete  abolition  of,  prerequisite 
to  Japan  paying  surtax  agreed  to 
by  all  treaty  Powers. 

Complete  abolition  of  system, 
agreed  to  with  United  States. 

Offices  to  be  abolished  throughout 
China. 

Amount  of  surtax  on  foreign  im- 
ports to  release  from  all. 

On  freight  borne  by  the  Canton- 
Hankow  R.  R. 

On  freight  or  passengers  on  Shang- 
hai-Nanking R.  R. 

Not  to  be  levied  on  output  of  mines 
after  payment  of  export  duties. 

On  merchandise  and  live  stock  on 
Tien tsin-Ch ink iang  R.  R. 

Payable  on  all  articles  for  or  from  ' 
mines  in  Fu-kien. 

Not  leviable  on  machinery  and  ma- 
terials for  mines  in  Fu-kien.  I 

Railway  may  be  extended  to  point  I 
on  seacoast  of. 

Boundary  of  terricory  leased  to 
Russia  in. 

Ports  east  and  west  of  neutral  zone 
in,  not  to  be  opened  to  trade. 

Publications,  Chmese  or  Japanese, 
author,  proprietor,  or  seller  of 
any,  in  China  not  protected 
through  copyright  from  prosecu- 
tion. 

France  may  levy,  at  Kuang-chou- 
wan. 

Interest  and  amortization  of,  for 
Boxer  indeumities. 

For  building  Peking-Hankow  R.  R. 

For  building  Canton-Hankow  R.  R. 

For  building  Shanghai-Nanking 
R.  R. 

For  mininjj  purposes  in  Shan-si 

For  buildmg  Chengting-Taivuan 
R.  R. 

To  Peking-Newchwang  R.  R jj 

For  mining  purposes  in  Ho-nan 

For  Shan-hai-kuan-Ne  wchwang  R.  R 
Regulations  concerning,  for  mining  ' 
and  railway  purposes.  i 

Contracts  for  foreign,  for  minins 
or  railways  must  have  imperial 
sanction. 
Foreign,  for  mining  or  railway  pur- 
poses. 


Num- 
ber of 
docu- 
ment. 

Article. 

18 
20 

8  {16 
.    4 

18 

Ann.  B. 

19 

1 

20 

4 

20 

4 

20 

4 

37 

14 

39 

14 

50 

6 

51 

21 

60 

6 

60 

19 

9 

8 

10 

1 

10 

5 

19 
20 

5 
11 

11 

5 

15 

§6 

34 

37 

39 

1 

40 
41 

2 

f  42 

1  46 

43 
46 

1,14 

47 

47 

48 

10, 11, 12 

Pa^e. 


Ill 
140 

116-118 


121 

137 

138 

138 

272 

299 

350 

360 

412 

415 

52 

53 

54 


123 
143 

56 

64 

225 
252 

287 

305 
313 

317 
332 
320-322 
332 
338 

339 


342 


506 


ALPHABETICAL    INDEX CHINA. 


Name. 


Lorchas 

Lo-ti-ilmi 

Lo  Ting  Han  (or  Lo 

ting  k^on). 
Lo-ioBiver 

Ln-ohi-kow 

Ln-Han  Railway 


Subject. 


For    construction    railway    from 

Tientsin  to  Chinkiang. 
For  railway  construction  purposes, 

when  and  how  permittea  Chinese. 
For  building  railway  from  Kai-f^ng 

Fu  to  Ho-nan  Fu. 

For  working  mines  in  Fu-kien 

Mexicans  and  Chinese  exempt  in 

each  other's  country  from  forced, 

etc. 
See  Vessels. 
See  Production  tax. 
On  Yangtze,  made  a  port  of  call 


Num- 
ber of 
docu- 
ment. 


51 
57 
58 

60 

77 


18 
3 


Open    to   trade    between   Annam 

and  China. 

Port  of  call 6 

Provisional  contract  for  loan  for      34 

building  of. 
Line  to  run  from  Lu-kou-chiao  to       34 

Hankow. 
Concession  of,  to  Chinese  Railway       34 

Co. 
Loan  made  with  Belgian  Co.  for . . .     34 

Interest  on  loan 34 

Refunding  of  loan.     Annual  pay-       34 

ments. 

Guarantee 34 

Term  in  which  work  is  to  be  finished.     34 
State  of  war  may  not  delay  building .     34 

Choice  of  chief  engineer;  duties 34 

Foreign  and  native  staff,   duties,       34 

control. 
Materials  for,  how  and  where  to  be       34 

purchased. 
Contract  can  not  be  transferred  by       34 

Belgian  company. 
Extension  of  time  for  paying  off       34 

loan. 
Additional  protocol  to  loan  contract       34 

for  buildmg. 

Preliminary  studies  for  building 34 

Belgian  company  waives  right  to       34 

premium.        '  j 

Increase  of  rate  of  interest I    34 

Payments  on  account  of  loan,  where      34 

made. 
Guarantee 34 


Loan  contract 

Imperial  edict  granting  concession 
for. 

Amount  of  loan,  bonds,  issue,  re- 
funding interest  on,  guarantee, 
commission,  etc. 

Amount  of  loan  purchased  by  Bel- 
gian company. 

Construction  of  road,  surveys,  etc., 
line  to  be  built  in  3  years. 

Option  on  bonds  to  Belgian  com- 
pany. 

Survev  of  line,  first  sections  to  be 
built. 


34 
34 

34 


34 
34 
34 
34 


Article. 


10,11 


Page. 


355 

385 
389 


J     410 
10       471 


112 

22 

32 
225 

225 

225 

225 
226 
226 

226 
226 
226 
226 
227 

228 

229 

229 

230 

231 
231 

231 
232 

232 
232 
233 


2-16   233-237 


( 


17 

19 

21,22 


237 
238 
238 
240 


A.LPHABET1CAL   INDEX CHINA. 


507 


Ln-Han  Bailway . 


Lu-kou-ohiao . 
Lnkow 


Public  pubecription  to  bonds 

Materials,  from  whom  to  be  bought; 
free  of  duty. 

Violation  of  contract,  when  com- 
pany not  bound. 

Controversies;  arbitration 

Guarantee  for  execution  of  contra<-t . 

Chinese  Government  to  certify  title. 

Operating  contract  for. 


(or  Lu-pn). 
(o 


luk  Pn 

Lok  To  (orln-tn)  ... 
Lung-Glioa  (Province 
of  Kuang-si) , 


Machinery  , 


To    be   operated    by   the    Soci^t^* 

d' Etude  de  Chemins  de  fer  en 

Chine. 
Transportation  of  Chinese  troops, 

munitions,  etc. 

Reserve  fund  for  service  of  loan 

Duration  of  operating  contract 

20  per  cent  of  net  profits  to  go  to 

operating  company. 
Contentions  and  disagreements,  ar- 
bitration. 
Chinese    Railway  Co.   guarantees 

operating  expenses. 
Materials  and  supplies  free  of  duty. 

Letter  concerning  arbitration *. . 

Letter  ('on(?erning  preferential  right 

of    Belgian    commmy    to    build 

Hankow-Canton  R.  R. 
Declaration  of  Chinese  Government 

denying  said  preferential  right. 
Preferential  right  of  American  com- 

panv  to  Lu-Han  contract. 
Branch  lines  of,  to  Kai-f^ng  Fu  and 

to  Ho-nan  Fu  to  start  from  point 

where  it  crosses  Yellow  River. 
Railwav  from,  to  Hankow  (see  Lu- 
Han  Rwy.). 
Railway  from,  to  Ping-hsiang  coal 

mines. 
On  West  River,  made  port  of  call. . 
On  AVest  River,  made  port  of  call . . 
Opened  to  Franco- Annamite  trade . 
Duties  on  Chinese  goods  in  transit 

through. 

Duties  on  Chinese  exports  from 

Railway  from,  may  be  prolonged  to- 

ward'Nan-ning  and  Fe-se. 
Mining  and  rafiway  questions  at, 

not  to  be  invoked  as  precedents. 

Right-to  import 

All  products  of  foreign  type  made 

by,  to  pay  excise  tax. 
Chinese  yarn  and  cloth  made  by, 

exempt  from  all  duties  and  taxes 

after  paying  excise. 
All  products  of  foreign  type  made 

by,  to  be  treated  alike. 
Materials  and  supplies  for  mining,  to 

pay  import  and  transit  duties. 
And  materials  for  Nan  P'iao  coal 

mines  to  pay  import  and  transit 

duties. 


Num- 
ber of 
docu- 
ment. 

Article. 

Page. 

34 
M 

24 
25 

240 
240 

34 

25 

241 

34 
34 
34 
34 

26 
27 

28 

241 
241 
241 
242 

34 

1 

243 

34 

3 

243 

34 
34 
34 

4 
5 
6 

244 
244 
244 

34 

7 

244 

34 

8 

245 

34 
34 

9 

245 
246 

34 

246 

34 

247 

37 

257 

58 

I 

387 

34 

225 

37 

25 

276 

18 

18 

4 

3 

10 

10 

2 

4§  1 

112 

112 

22 

22 

3 
3 

4§2 

22 
24 

48 

3 

340 

2 

18 

6§  4 
8  §  9 

17 
109 

18 

8  §  9 

109 

20 

4 

139 

f  40 

I  43 

45 

8 
8 
8 

306 
321 
330 

508 


ALPHABETICAL   INDEX CHINA. 


Xah    King   (or   lU- 
ning). 


Manohnria  , 


Xanohurian  Bailway 
Co. 


Xanglttn 

Xan-hao  (Province  of 

Tlin-nan). 
Xannfactares 


Xannfaotnring  indus- 
tries. 


Xanwyne  . 


Xaritime  Onstoms 


On  West  River,  made  port  of  call . . 


Chinese  Government,  to  be  carried 
free  on  Chinese  Eastern  Rwy. 

Russian, and  parcelsposton  Chinese 
Eastern  Rwy. 

Of  Imperial  post-office  to  be  car- 
ried by  all  lines. 

Russia  agrees  to  re-establishment 
of  Chinese  authority  in. 

Recognizes  it  as  integral  part  of 
Chmese  Empire. 

China  to  insure  safety  of  all  Rus- 
sian subjects  and  their  interestsin. 

Evacuation  of,  by  Russian  forces... 

Number  and  disposition  of  Chinese 
troops  in. 

Police  guard  in,  to  be  or^nized 

Miningand  railway  questions  tn,not 
to  be  invoked  as  precedents. 

May  extend  line  to  Talienwan  and 
seacoast  of  Liao-tung. 

And  Chinese  mininter  at  St.  Peters- 
burg to  arrange  details  for  exten- 
sion. 

China  reaffirms  contract  with 

Branch  lines  from,  through  region 
traversed  by  Chinese  line  termi- 
nating at  Si'n-min-ting  and  New- 
chwang;  Russia  may  a4»k  conces- 
sion for. 

See  Chinese  Eastern  Rwy. 

Belongs  to  Great  Britain 

Ceases  to  be  treaty  port.    Replaced 

,    by  Ho-k'ou. 

By  Japanese  in  China,  subject  only 
to  same  taxes,  charges,  etc.,  as 
merchandise  imjwrted  by  them 
into  China. 

Japan  concedes  right  to  China  to 
tax  Japanese  manufactures  in 
China  like  Chinese. 

All,  of  foreign  tvpe  turned  out  by 
machinery,  sumect  to  excise  tax. 

Of  morphia,  to  be  prevented  in 
China. 

Japanese  free  to  engage  in,  in  open 
cities,  towns,  and  ports. 

Americans  free  to  engage  in,  in  all 
ports  or  localities  in  China  open, 
or  which  may  be  opened. 

Trade  between  China  and  Burmah 
to  pass  through. 

Great  Britain  to  appoint  consul  at  . 

Instead  of,  Great  Britain  may 
have  consuls  at  Momein  or  Shun- 
ning Fu. 

Balance  of  revenues  of,  pledged  as 
security  Boxer  indemnity  bonds. 

Native  custom-houses  may  be  es- 
tablished where  there  are. 


32 

33 

57 

17 

17 

17 

17 
17 

17 

48 

9 
9 


17 
27 


18 

18 

2 

20 


15 
18 


10 

11 

§3  (h) 

23 

1 

1 

2 

2 
3 

3 
3 

8 

8 


3 
3 
2 

6,§4 


Sap.      3 

8,§9 

11 

6,§4 


13 
13 


6  (e) 
8,§  3 


112 

214 

216 

388 

99 

99 

99 

100 
100 

100 
340 

51 

52 


99 
184 


8 
41 
22 


It 


109 

113 

17 

137 


9         10 


11 
43 


70 
106 


ALPHABETICAL  INDEX CHINA 


509 


Name. 

Subject. 

Num- 
ber of 
docu- 
ment. 

Article. 

Page. 

Maritime  Customs 

Excise  tax  to  be  collected  through . 

To  supervise  native  custom-houses  . 

To  retain,  subject  to  order  of  prov- 
inces, surtax  allocated  to  them  in 
lieu  of  likin. 

To  draw  up  regulations  for  use  of 
appliances  for  hauling  steamers 
in  Yangtze  rapids. 

Native  custom-houses  to  be  kept 
wherever    former  exist   or   are 
established. 

Inspector-general  of,  to  be  British 
while  British  trade  preponder- 
ates. 

Open  to  trade  between  Annam  and 
China. 

To  be  limit  of  possessions  or  spheres 
of  influence  of  France  and  Great 
Britain  from  Nam  Huok  to  Chi- 
nese frontier. 

Police  in  islands  where  river  forms 
boundary  between  French  and 
British. 

Burmah-China    frontier    between 
the  Shweli  and  the. 

Tsawbwaship  of,  belongs  to  China . 

Whole  of,  belongs  to  China 

Belongs  to  China 

18 
18 
18 

19 

20 

23 

3 
5 

5 

7 

1 

7 

/     1 

3 

3 
/     1 

S^ 

77 

36 
37 

40 
41 

43 

43 
45 

48 

48 

48 
48 
50 
50 

8,§  9 

8,§10 

Ann.    B 

2 

4 

109 
109 
118 

122 

138 

176 

Mekong  Biver 

Mengko 

3 
3 

3 

3 

3 
3 
3 
3 
2 
4,§  1 

4,1  2 
3 
3 

22 

29 

29 

41-42 
8 

Mdnir  Tinar 

41 
8 

Mdng-tS6(iiiProTinoe 
of  Tttn-nan). 

Opened  to  Franco- Annam ite  trade . 
Duties  on  Chinese  goods  in  transit 

through. 
Duties  on  Chinese  exports  from 

Tsawbwaship  of,  belongs  to  China.  . 

Treaty  of  friendship, commerce, and 
navigation  with  China. 

Compul8or>%  Mexicans  and  Chinese 
in  each  other's  country,  exempt 
from. 

Bureau  of  Control  of,  established. . . 

Of  coal  along  line  of  Canton-Han- 
kow R.  R.  to  be  worked  by  op- 
erating company. 

Of  coal,  iron,  in  Shan-si 

41 
22 
22 

22 

8 

41 
468 

MiUtaryiervice 

Mlnfl.  ...         

10 

471 
249 

258 

305 

Of  coal  and  iron  in  Shan-si,  near 
Chengting-Taivuan  R.  R. 

Around    Huai-ching  and   in    hill 
country  in  Honan,  north  of  Yel- 
low River. 

Private,  within  area  leased 

Coal,  at  Nan  P'iao  and  vicinity 

Regulations  for 

General  Administration  for,  its  du- 
ties. 

Control  of  all,  to  remain  with  Chi- 
nese. 

Royalty  to  Government  on  output 
of. 

Recrulations  for  working  in    Ssti- 
cli'uan. 

Royalties  on  mines  in  Ssti-ch'uan.. 

13 

312 
320 

16 

322 
328 

340 

340 

13 
20 

5,6 

343 
344 
348 
349 

510 


ALPHABETICAL    INDEX CHINA. 


Name, 


Mines 


Xining 


Subject. 


Export    duties  on    output    to  be 

collected. 
Likin  on  output  not  to  be  levied. . . 
Explanatory  and  additional  regula- 
tions for. 
Concension  of   French  in   various 

parts  of  China. 
In    Fu-kien  Province,   agreement 

concerning. 
See  Mining;  Regulations. 

Encouragement  to,  in  Yiin-nan 

French  aid  may  be  askeil  for  by 

China    in    Yiin-nan,    Kuang-si, 

and  Kuang-tung. 
By  Germans  along  railway  lines  in 

"Shan-tung. 
Intentions  of  Germany  as  to  mining 

in  Shan-tung. 
Not  to  be  allowed  in  neutral  zone 

north  of  Port  Arthur,  etc. 

China  agrees  to  encourage 


Num- 
,  berof 
,  docu- 
ment. 

Article. 

Page. 

50 

6 

350 

50 
54 

6 

350 
372 

59 

402 

60 

1 
3 

407 

12 
5 

11 
23 

8 

2, 

§4 

48 

8 

2, 

§4 

49 

10 

5 

54 

New  regulations  for,  to  be  prepare<l .  < 

Regulations  for  Americans  residing 

in  interior  for. 
On  land  of  Chinese  Eastern  Railway .  I 

In  the  Province  of  Shan-si '. .  I 

Taxes  on,  in  Shan-si ! ' 

Machinery,  materials,  and  supplies  I 

for,  to  pay  import  and  transit  I 

duties.  j 

Produce  to  pay  customs  tariff  duties  \ 

on  exportation. 
School  to  be  established  in  Shan-si. 
Rights  to  be  asked  for  along  Peking-  I 

Newchwang  R.  R.  to  attract  sub-  ' 

scribers  to  loan. 
Regulations  for,  in  Ho-nan  agreetl 

to  bv  Peking  Syndicate. 

Loan  for,  in  Ho-nan 

Staff  of  each  mine 

Prospect  i  ng ;     crops ;     cemeteries ; 

damages. 
Taxes  on  cost  of  extracting  output; 

royalty  to  Chinese  Government; 

other  taxes. 
Machinery,  materials,  and  supplies 

imported  for  Ho-nan  mines  to 


I      pay  tariff  and  transit  duties. 

I  Sciiool    of,   to    be    established  in 

Ho-nan. 
Branch  railway  lines  for,  in  Ho-nan. 

Annual  accounts 

Agreement  for  operation  of  Nan 

P'iao  coal  mines. 

Capital  for  Nan  P'iao  coal 

Royalty  and  taxes  on,  at  Nan  PMao. 
Machinery  and  material  for,  at  Nan 

P'iao,  on    importation,   to    pay 

tariff  duties  and  transit. 


43 

43  , 
43  i 
43 

43 
43 
43 


111 
141 
111 
141 
141 

213 
305 
306 
306 


8  I  306 

13  I  307 
5  I  318 


13 


320 

320 
320 
321 

321 


321 


322 


43 

17 

323 

43 

18 

323 

45 

3^8 

45 

3 

329 

45 

7 

329 

45 

8 

330 

ALPHABETICAL  INDEX — CHINA. 


511 


Name. 


Subjet't. 


Mining 


Freight  rates  of  coal  of  Nan  P'iao 
over  North  China  R.  R. 

Roads,  bridges,  branch  railway 
lines  for,  purposes. 

Regulations  concerning  foreign 
loans  for. 

In  Manchuria,Shan-tung,and  Lung- 
chou  not  to  serve  as  precedents. 

Concession  may  be  made  a  mo- 
nopoly. 

Bureau  of  Sstt-ch'uan;  its  relations 
with  the  Hui  Tung  Mining  Co. 

Purchase  of  land  for;  price 

Prospecting  for;  damaj^es,  etc 

Explanatory  and  additional  regu- 
lations for  mines  and. 

Concessions  for,  to  be  for  specified 
localities;  check  to  monopoliz- 
ing. 

Chinese  capital  must  be  equal  to 
foreign  in  companies  for. 

Management  to  be  Chinese 

Foreign  co-operation  only  allowed 
after  permission  granted. 

Concessions  void  if  not  worked  in 
ten  months. 

Rules  and  regulations  for 

Permission  of  Foreign  Office  to  be 
asked. 

Permit  to  be  issued  by  Bureau  of 
Mines. 

Concessions  for,  not  transferable . . 

Purchase  of  land  needed  for 

Chinese  sovereignty  over  concessions 

Taxes  on  various  products  of 

Work  to  begin  within  twelve  months 

Railway  for,  purposes 

Schools 

Import  duties;  no  likin  on  foreign 
materials  and  machinery  for. 

Free  transit  passes  for  Chinese-made 
materials  for,  purposes. 

Provincial  and  local  authorities  to 
give  protection. 

Land  tax  payable  on  mining  lands. 

Purchase^of  private  lands  for 

Chinese  police  for  guarding,  prop- 
erty. 

Foreigners  to  have  charge  of  ma- 
chinery and  accounts. 

Compensation  to  workmen  for 
accidents. 

Chinese  mining  students  and  pros- 
pectors to  be  encouraged. 

Government  not  responsible  for 
losses  in. 

Royalty  of  25  per  cent  on  net  profit 
to  be  paid  (Government. 

In  Fu-kien  Pn)vince,  agreement 
concerning. 

See  Compagnie  d' Orient. 


Num- 

ber of 
docu- 

Article 

Page. 

ment. 

45 

9 

330 

46 

13 

330 

47 

338 

48 

3 

340 

48 

19 

344 

50 

348 

50 

7 

350 

50 

9 

350 

54 

372 

54 

373 

54 

373 

54 

373 

54 

374 

54 

374 

56 

380 

56 

1 

380 

56 

2 

380 

56 

3 

380 

66 

4 

380 

56 

5 

380 

56 

6 

381 

56 

7 

381 

56 

8 

381 

56 

9 

381 

56 

10 

381 

56 

10 

381 

56 

11 

381 

56 

12 

381 

56 

13 

381 

56 

15 

382 

56 

15 

382 

56 

15 

382 

56 

16 

382 

56 

17 

382 

56 

18 

382 

60 

407 

512 


ALPHABETICAL   INDEX CHINA. 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Page. 

HirsBay 

Included  in  area  leased  to  Great 

12 

59 

•***■  ""/  .-•--------. 

Britain. 

Vessels  of  war  of  China  may  use . .  . 
By  China  to  Berlin  to  express  re- 

12 

59 

Xiuion 

15 

"Vl'la) 

64 

grets   for    murder    of    German 

minister. 

To  Berlin,  sent 

15 
15 

'n 

67 

By  China  to  Japan  to  express  i-e- 
ffrets  for  murder  of  chancellor  of 
Japanese  legation,  sent. 

68 

XiMionmriet 

Question  of,  in  China;  Great  Britain 

18 

13 

113 

will  join  in  international  com- 

mission to  study  it. 

Must  not  interfere  with  exercise 

20 

14 

143 

by  native  officials  of  jurisdiction 

over  converts. 

Societies  may  rent  or  lease  in  per- 

20 

14 

144 

petuity,  as  property  of  societies, 

m  alljparts  of  Empire. 
Local  officials  responsible  for  safety 

of. 
See  Roman  Catholic  missionaries. 

61 

417 

Trial  of,  involving  Japanese  and 

Chinese. 
Trial  of,  involving  Mexicans  and 

Chinese. 
Great  Britain  may  station  consul  at. 
British  subjects  and  prot^g^  may 

6 

21-22 

36 

77 

14,16 

473,474 

Xomein 

7 
7 

13 
13 

43 

43 

reside  and  trade  at. 

Xong-ka 

Whole  of,  belongs  to  China 

7 

3 

41 

Xong-ko 

See  Mengko. 

Mong-W 

Road  from,  toSsti-maoand  P*u-erh, 
open  to  trade. 

3 

3 

22 

Monopoly 

None  to  be  granted  by  China  for 
boats,  porters,  or  coolies. 

6 

8 

33 

Mining  and  rail  w^ay  concessions  may 

48 

19 

344 

be  made  a. 

Xonument 

Commemorative,  to  be  erected  at 
Peking  on  place  of  murder  of  Ger- 
man minister. 

15 

§4(6) 

64 

Expiatory,  to  be  erected  in  dese- 

15 

§4  (4) 

64 

crated  cemeteries. 

Conmaemorative,  to  murdered  Ger- 

15 

1  (6) 

67 

man  minister  erected. 

Expiatory,  in  desecrated  cemeteries. 

15 

4 

69 

sums  paid  by  China  for. 

Xorphia 

General  importation  of  into  China 
prohibited;  special  permits. 

18 

11 

112 

China  to  prevent  manufacture  of . . . 

18 

11 

113 

United  States  agrees  to  prohibition 

20 

16 

145 

of  importation  into  China  of,  and 

instruments  for  injection  of;  man- 

ufacture of,  in  China  to  be  pre- 

vented. 

Host  favored  nation  . . 

Treatment  insured  between  Burma 
and  China  for  overland  trade. 

1 

17 

12 

Limited  to  certain  localities 

1 

18 

12 

Concessions  to  be  mutual 

1 
2 

18 
6 

12 

Accorded  Japan  pending  conclusion 
of  treaty  of  commerce  and  naviga- 

16 

tion. 

ALPHABISTIOAI.  INDEX CHINA. 


513 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

ArUcle. 

Pagre. 

Host  favored  nation  . . 

Japanese  subiecte  in  China  to  enjoy . 
Japanese  trade  with  China  to  enjoy. 

6 

4 

31 

6 

9 

33 

Treatment  as  regards  tonnage  dues 

6 

15 

35 

in  Chinese  open  ports  given  Jap- 

anese vessels. 

Japan  and  Japanese  to  enjoy,  in 

China. 
Treatment  in  China;  likin  to  cease 

6 

25 

37 

18 

8,  S  14 

111 

when  all  nations  enjoying,  shall 
accept  provisions  Art.  Vlll,  Brit- 

ish treaty  1902. 

Treatment  as  to  prohibition  impor- 
tation   of   morphia   insured    to 

18 

11 

113 

Great  Britain. 

Treatment  as  to  tariff  insured  to 

18 

15 

114 

Great  Britain. 

Treatment  for  Japanese  commerce. 

19 

1 

122 

rights,  and  privileges. 

Treatment    guaranteed    Japanese 
Government,  ofl&cers,    subjects, 

19 

9 

124 

commerce,  navigation,  shipping, 
etc. 
Americans  to  enjoy  for  diplomatic 

20 

1,23 

136, 137 

and  consular  officers  and  citizens. 

Treatment  as  to  duties  insured  to 

20 

5 

140 

United  States. 

Treatment  as  to  navigation  of  in- 

20 

12 

143 

land  waters  insured  to  United 

States. 

Treatment  agreed  to  by  treaty  be- 
tween China   and   Congo  Free 

76 

467 

State. 

Treatment  agreed  to  between  Mex- 

77 

1 

468 

ico  and  China. 

Treatment  not  to  be  invoked  in 

77 

6 

470 

case  of  special  advantages  granted. 

w^ithout   compliance   conditions 
imposed. 
Treatment  for  Mexican  and  Chinese 

77 

11 

472 

1      merchant  vesselB. 

Mukden 1  Evacuation  of  Province  of,  by  Rus- 

17 

2 

100 

sian  forces. 

City  of,  opened  as  treaty  port 

1  20 

10 
12 

125 

143 

Residence  of  foreigners  at 

/  ^^ 

10 

125 

Russia  may  establish  a  resident  at. . 

\  20 
29 

12 
1  6 

144 
201 

Knnglem '  Belongs  to  China 

1 

3 

8 

'  Condition  of  cession  by  GreatBritain 

1 

5 

8 

Belongs  to  China 

7 

3 

42 

China  not  to  cede  any  portion  of . . . 

7 

5 

42 

Xnnicipai Regulations  at  new  open  ports 

/  18 
I  1^ 

8,§  12 
10 

110 
125 

Munitions  of  war Trade    in,    across    China-Burmah 

1 

10 

10 

frontier. 

Importation  into  China  to  be  pro- 
hibited. 
Of  Russia,  on  Chinese  Eastern  Rwy . 

15 

§5 

64 

32 

8 

213 

Of  China,  on  Chinese  Eastern  Rwy. 

32 

11 

214 

Of  China,  on  Lu-Han  R.  R 

34 

3 

243 

Of  China,  on  Canton-Hankow  R.  R. 

37 

13 

256 

27938-04- 


-33 


514 


ALPHABETICAL   INDEX CHINA. 


Ximitioiis  of  war 

Harder 

Hamwan  Biver  . . 


39 


Kanking . . 
KanF^iao. 


Kative  omtomi 


ITaval  statioii. 


Kavigatioii . 


51 

15 

15 

7 


Of  China,  on  Shanghai-Nanking 
R.  R. 

Of  China,  on  Tientsin-Chinkiang 
R  R 

Of  Baron  Von  Ketteler 

Of  Mr.  Sugiyama 

Tract  south  of,  near  Namkhai,  be- 
longs to  China. 

Great  Britain  to  hold,  under  perpet- 
ual lease,  the  Chinese  tract  south 
of  the. 

Contract  for  loan,  building,  and  op- 
erating railway  from  iShanghai  to, 
made  with  British  Syndicate. 

Coal  mining  agreement 

Branch  railway  line  to  collieries  of. 

Rojjalty  and  taxes  on  coal  mines  of. 

Freight  rates  over  North  China  R.  R. 
for  coal  from. 

Price  of  coal  from,  supplied  North 
China  R.  R. 

Annual  accounts;  sharing  of  profits. 

Revenues  of,  pledged  as  security  for 
Boxer  indemnity  bonds. 

Houses  to  be  maintained  on  sea- 
board, waterways,  open  ports, 
land  routes,  and  land  frontier  of 
China. 

List  of,  to  be  furnished  British  Gov- 
ernment. 

Houses  may  be  established  wherever 
there  are  maritime  ones. 

Location  of,  in  interior  may  be 
changed. 

To  collect,  export  surtax  on  native 
goods  in  transit. 

To  issue  certificate  on  native  goods 
in  transit  after  payment  of  sur- 
tax. 

To  collect  half  export  duty  on  silk. 

To  allow  cocoons  to  pass  free  of  all 
taxation. 

Native  goods  brought  by  junk  to 
open  ports  to  report  to,  and  pay  , 
consumption  tax.  I 

I    f  1  Q 

Supervision  of,  by  Maritime  Customs ,  <  oa 


45 
45 
45 
45 

45 

45 
15 

18 


Investigation  of  complaints  against 

Stations  on  seaboard,  land  frontier, 
and  open  ports  to  be  kept  open. 

At  open  ports,  may  be  wMthin  rea- 
sonable distance  of  main  office  at 
port. 

At  Port  Arthur,  leased  to  Russia.. 

AtKuang-chou-wan,  leased  to  France 

At  AVei-hai  Wei,  leased  to  Great 
Britain. 

Of  upper  Yangtze,  open  to  Japa- 
nese steam  vessels. 

Of  upper  Red  River,  to  be  improved 
by  China. 


120 
20 

20 


9 
11 
13 


10 

14 

6  {e2) 

8,§  1 


8,5  3 

8,J3 

8,J3 

8,  J  7 
8,J  7 

8,1  8 

8.5  10 

8,5  11 
4 
4 

Ann.    2 

1 
1 

6,5  2 

41 


281 


328 
329 
329 
330 


108 
108 

109 


109 
139 
110 
139 
138 

147 

50 
55 
60 

17 

25 


ALPHABETICAL   INDEX CHINA. 


515 


Name. 


Kavigation . 


Hentral  itrip . 


Kentrality  .. 
Kewchwang . 


Hganking  (in  Prov- 
ince of  An-hni). 


Subject. 


Num- 
ber of 
docu- 
ment. 


Of  West  River  from  Samshui,  Wu- 
chou,  Hongkong,  and  Canton,  free 

Signals  for,  at  Kiao-chou 

France  to  take  measures  to  insure, 
at  Kuang-chou-wan. 

Improvement  of,  on  the  Peiho 

Improvement  of,  on  the  Wangpoo. 

Artificial  obstructions  to,  in  Canton 
River  to  \ye  removed. 

Of  upper  Yangtze  to  be  improved  . 

Additional  rules  for  inland  steam. . 

Of  rapids  of  Yangtze  to  l>e  facili- 
tated bv  hauling  appliances. 

Of  inland  waters  of  China  open-to 
all  Japanese  steamers. 

Of  inland  waters  open  on  most- 
favored-nation  terms  to  United 
States. 

Dues;  equality  of  treatment  in 
French  leased  territory' promised. 

Inland,  regulations  for  trade  on 
Yangtze  River. 

Former  regulations  rescinded 

Ports,  stages,  and  passenger  stations. 

Three  classes  of  vessels  allowed 

River  passes  for  vessels 

Cargo  certificates  for  vessels  on 
Yangtze. 

See  Inland  waters. 

North  of  territory  leased  to  Russia 
at  Port  Arthur. 

Administration  of,  north  of  Port 
Arthur  to  be  by  Chinese. 

Boundary  line  of,  north  of  Port 
Arthur. 

North  of  Port  Arthur,  etc.,  China 
to  make  no  ccmcessions  in. 

Ports  east  and  west  of,  to  north  of 
Port  Arthur,  not  to  be  opened  to 
trade. 

By  Great  Britain  or  Japan  in  case 
of  one  being  at  war  for  protection 
of  interests  in  China  or  Korea. 

Manchurian  Railway  may  be  ex- 
tended to  aeacoast  between  Yalu 
River  and. 

Railroad  bridge  at,  shall  only  be 
built  after  discussion  by  China 
and  Russia. 

Railway  lines  terminating  at,  and 
at  Sin-min-ting;  Russia  may  ask 
for  concessions  for  branch  lines  of 
its  railway  crossing  there. 

Customs,  application  of  funds  de- 
rive<i  from. 

Duties  of  the  taotai  of,  under  ar- 
rangement with  Russia. 

Made  a  ]x>rt  of  c^ll 


-{ 


May  be  opened  as  treaty  port 


I      8 

15 
15 
18 

18 
18 
19 
f  18 
\19 
19 

20 


28 
I 
44 

44 
44 
44 
44 
44 


I       9 

9 

10 

10 

10 

16 

9 

17 

27 

29 

29 

6 

18 


Article. 


Spec.  art. 

4 
4 


Ann. 
Ann. 


5 
C 

1 
5 
2 
3 

12 


1 
2 
3 
4,5 
8 


8 
4,§3 


5 
8,§  12 


Pa^e. 


44 

47 
56 

72 

73 

104 

104 
118-120 
126-128 

104 

122 

122 

143 


186 

324 

324 
324 
324 
325 
325 

51 
51 
53 
54 
54 

97 

52 

101 

184 

201 

201 

32 

110 


516 


ALPHABETICAL   INDEX CHINA. 


Name. 

Subject. 

Num- 
ber of 
docu- 
meut. 

Article. 

Page. 

Kon-alienation 

Of  Munglem  and  Kiang  Hung 

Great    Britain  waives    objection 
to,  of  Kiang  Hung. 

Of  Kiang  Hung  by  China,  except 
after  agreement  with  Great  Bnt- 
ain. 

Of  Kiao-chou,  by  Germany 

Of  Hai-nan,  declaration  concerning. 

Of    Yangtze    region,    declaration 
concerning. 

Of  Chinese  territory  bordering  on 
Tongking. 

Of  Fu-kien,  declaration  concerning. 

To  retain  rights  of  mining  coal  and 
iron  along  line  of. 

Redemption  of  existing  loans  on, 
by  loan  by  British  Syndicate. 

Signs   agreement  to  operate  Nan 
P'iao  coal  mines. 

Freight  rates  over,  for  coal  of  Nan 
Fiao. 

Price  of  fuel  from  Nan  PMao  mines 
for  use  of. 

Final  agreement  with,  for  loan 

Troops  of  China  on  lines  of.  to  be 
carried  free. 

All  receipts,  earnings  of,  and  pro- 
vincial subsidies  to  be  paid  to 
Hongkong  and  Shanghai  Bank, 
for  service  of  loan,  etc. 

European  railway  accountant  to  be 
in  charge  of  all  accounts  of  the, 
during  currency  of  loan. 

Chinese  troops  and   grain  to    be 
carried  free  on. 

See       Shan-hai-kuan-Newchwang 
R.  R. 

Right  of  military,  between  Peking 
and     seacoast,     demanded     of 
China. 

By  Powers,  of  Peking  and  prov- 
ince of  Chih-li,  when  to  cease. 

Points  of,  by  Powers*  forces  be- 
tween Peking  and  seacoast. 

Chinese  provincial  and  local  to  be 
held    responsible    for  order  in 
their  respective  jurisdictions. 

Posthumous  rehabilitation  of  Chi- 
nese. 

Edict    declaring    provincial    and 
local    oflBcials    responsible     for 
order. 

Provincial,  to  be  held  responsible 
for  illegal  taxing  by  native  cus- 
toms. 

Chinese,  resident  in  Japan  to  have 
best  treatment  compatible  with 
law. 

Local,  responsible  for  safety  for- 
eign merchants  and  missionaries. 

1 

7 

7 

8 
21 
22 

24 

26 
42 

42 

45 

45 

45 

46 
46 

46 

46 
46 

15 

15 
15 
15 

15 
15 

1    20 
19 

r   61 
\   63 

5 

9 
40 

5 

5 

42 

47 
173 

174 

178 

181 

Korth  Ohina  Sailway. 

2 

1 

317 
317 
328 

9 
10 

330 
330 
332 

Ooonpatioii 

7 
8 

6 

7 

§9 

334 
334 

3^ 
334 

65 

65 

OffldAlff ...       . 

9 

§  10  W 

2  (6) 
10  (rf) 

8,  1  11 
4 

9 

72 
65 

68 
72 

110 
139 

125 
417 

423 

ALPHABETICAL   INDEX — CHINA. 


517 


Name. 


Officials 

On-pu 

"Open  door*' 


Open  pom 


Opium  . 


Subject. 


Kegulations  for  official  intercourse 
of  Roman  Catholic  missionaries 
with  local. 

France    to    build    railway    from 
Kuang-choU'Wan  to  near. 

Improvements,  etc.,  to  be  built  at. 

Great  Britain  and  Germany  agree 
to  maintain  at  open  ports  of 
China. 

Great  Britain  and  Germany  to  ask 
Powers  to  accept  their  principles 
about. 

France  declares  willingness  to  ob- 
serve policy  of,  in  territories  in 
China  leased  by  it. 

Terms  of  declaration  concerning 
the,  asked  by  United  .States  of 
Powers. 

Germany  adcepts  policy  of,  as  ad- 
vocated by  United  States. 

Great  Britain  declares  in  favor  of, 
policy  in  China. 

Italy  adheres  to  United  States 
policy  of. 

Japan  assents  to  United  States  pol- 
icy of. 

Russia  declares  in  favor  of  jwlicy 
advocated  bv  United  States. 

No,  in  Neutral  Zone  in  Liao-tung 
Peninsula. 

Likin  barriers  to  remain  at 

Junk  trade  to,  subject  to  same  duty 
as  steamer. 

Native  goods  brought  by  junks  to. . 

Machine-made  goods  at,  subject 
to  excise. 

Uniform  system  of  weights  and 
measures  to  be  put  in  use  at. 

Peking  to  become  a,  on  complete 
evacuation  by  all  foreign  troops. 

Ch'ang-pha,  Mukden  and,  Ta-tung- 
kou  made,  by  China. 

Bonded  warehouses  at 

Area  in  which  native  customs  of- 
fices mav  be  kept  up. 

Russia  will  not  seek  preferential 
treatment  as  to  customs  duties  at. 

See  Treaty  port. 

No  trade  in,  allowed  across  Bur- 
mah-China  frontier. 

Increased  import  duty  on  foreign 
goods  not  applicable  to. 

Foreign,  duty  and  likin  on,  not  to 
be  changed. 

British  Government  will  not  inter- 
fere with  China's  taxing  of  na- 
tive. 

Offi  ces  for  collecting  duties  on  native . 

List  of  offices  for  collection  of  du- 
ties on  native,  to  be  given  British 
Government. 


Num- 
ber of 
docu- 
ment. 


64 


11 

11 
14 


14 
28 


Article. 


28 

28 

28 

28 

28 

10 

18 
18 

18 
18 

19 

19 

.19 

20 
20 

28 

1 
18 
18 
18 


18 
18 


8 
§  1 


§4 


28     1 186-187 


Pa«e. 


424 


57 
62 


62 
185 


1 

i 

5 

8, 
8, 

§  1 
§  3 

8, 
8, 

§  8 
§  9 

7 

10 

10 

Ann. 

6 
2 

11 

8, 

|2 

8, 

f  4 

8, 

55 

8, 
8, 

§5 
J6 

188 

191 

194 

195 

198 

54 

106 
107 

109 
109 

124 

125 

125 

140 
147 

198 

11 
106 
107 
107 


107 
107 


518 


ALPHABETICAL   INDEX CHINA. 


Name. 


Opium  . 


FaUioi 


Pak  Tan  Han  (or  Pai- 

t'nk'on). 
Pao-ting  Pn 


Papieos 

Partnership  . 

Paisporta  ... 


Patent! 

Peace 

Peiho  Biver 

Peking 


Peking  -Kewohwang 
Sailway. 


Japan  agrees  to  same  tax  on  native, 
as  other  treaty  powers. 

Collection  of  inland  dues  on,  not 
to  interfere  with  provisions  of 
treaty. 

Importation  of,  into  Korea  prohib- 
ited. 

To  be  connected  with  West  River 
I      by  railway. 

All  railway  lines  starting  from,  to 
i      be  built  by  French. 

Railway  from,  to  West  River 

On  Yangtze,  made  a  port  of  call. . . 

Railway  from  Peking  to,  to  form 
I      first  section  of  Lu-Han  R.  R.  (see 
I      Sin-yang). 
'  See  Vessels. 
I  Chinese  organizing  a,  jointly  with 

Japanese,  liability  of. 
For  travel  between  China  and  Bur- 

mah. 
Japanese  to  carry  them  in  China; 

treatment    when    not    supplied 

with. 
Foreign   passengers    on    Chinese 

Eastern  Railway  to  have  Chinese. 

For  Mexicans  in  China 

For  Chinese  traveling  in  Mexico . . 
Protection  of  American;  certificates 

of  protection. 
Great  Britain  and  Japan  in  case  of 

conducting  war  in  common  to 

make  peace  in  mutual  agreement. 

Bed  of,  to  be  improved  .^ 

China  agrees  to  continue  work  for 

improving;  annual  pajrment  for. 
To  1)0  opened  to  international  resi- 
dence and  trade  after  evacuation 

by  foreign  troops  and  legation 

guards. 
Agreement  with  Japan  concerning 

the  opening  of. 
Hankow   Railway.     (See  Lu-Han 

Rwy.) 
Preliminary  agreement  for  a  loan 

for  extension  of,  and  redemption 

of  existing  loans. 

Purposes  of  loan 

Security  for  loan 

Staff  of  railroad  during  currenoy  of 

loan. 
Receipts  and  earnings  of  road,  and 

annual  payments  from  provinces 

to    be  deposited   in    Hongkong 

and  Shanghai  Bank. 
Special  attractions  to  be  asked  for, 

to  secure  floating  loan. 

Issue  of  loan — ^advance 

Chief  engineer  to  be  British  sub- 
ject during  currency  of  loan. 


19 
20 

69 
38 

as 

59 

18 

34 


32 


16 


15 
15 

19 


19 


42 


42 
42 
42 

42 


42 

42 
46 


Ana.     1 


10 
10 

19 


6(^3) 
11(a) 


122 
146 

439 

280 

280 

406 
112 

238 


L9 

4 

122 

1 

14 

11 

6 

6 

32 

9       213 


77 

I"^'  , 

469 

77 

IV 

470 

20 

10 

142 

98 


71 
72 


10       125 

i 

I 


Ann.  6-7    132-133 


317 


317 
317 
318 

318 


5       318 


319 
334 


ALPHABETICAL   INDEX — CHINA. 


519 


Name. 


Peking  Syndioate 


Peieadores  Iilands  . . 
Petrolenm 

PUote 

Ping-hsiang 

Fing-t'ing   (on  Wei 

■hni). 
Piratei  

PoUce 


Subject. 


Port  Arthur  . 


Agreement  with  Shan-si  Bureau  of 
Trade  for  mining  purposes. 

Makes  loan  to  Shan-si  Bureau  of 
Trade. 

To  control  mines  in  Shan-si  for  sixty 
years,  when  mines  and  all  prop- 
erty of  syndicate  revert  to  the 
Chmese  Government. 

To  establish  school  of  mining 

Has  right  to  build  branch  railways. 

In  case  of  war  must  prohibit  aid  to 
enemy. 

Rgralations  between,  and  Yii-Feng 
Co.  for  mini  ng  purposes  in  Ho-nan. 

To  control  mines  m  Ho-nan  for 
sixty  years. 

Ceded  to  Japan  by  China.  Their 
position  stated. 

Right  to  work,  in  Shan-si,  granted 
Peking  Syndicate. 

In  Sstl-ch'uan,  right  to  prospect  for, 
conceded  to  French  company. 

Japanese  merchant  vessels  may 
engage,  to  enter  and  leave  open 
jjorts. 

Eailway  from,  to  Lukow,  branch 
line  of  Canton-Hankow  R.  R. 

Head  of  section  of  Chengting-Tai- 
yuan  R.  R. 

Chinese,  plunderine  Japanese  ves- 
sels to  be  captured  and  punished 
by  China. 

Of  China- Annam  frontier 

Of  islands  in  Mekong  River  where  it 
is  boundary  between  French  and 
British  sphere  of  influence. 

In  Japanese  settlements  in  China. . . 

Guard  of  cavalry  and  infantry  to 
be  organized  by  China  in  Man- 
churia. 

Regulations  for  foreigners  at  new 
open  ports. 

Chinese,  in  Manchuria;  number  of 
and  duties  under  agreement  with 
Admiral  Alexeieff. 

Chinese,  with  Chinese  and  foreign 
officers  for  protection  Canton- 
llankow  R.  R. 

Chinese,  with  Chinese  officers  for 
Shanghai-Nanking  R.  R. 

Chinese,  to  guard  mines 

And  guards  along  railway  lines,  to 
be  determined  by  Chinese  au- 
thorities. 

Talienwan  and  adjacent  waters 
leased  to  Russia. 

Object  for  which  leased 

Boundaries  of  territory  leased  at. . . 

Rights  of  Russia  at 

Vessels  of  Russia  and  China  alone 
may  use  it. 


Num- 
ber of 
docu- 
ment. 

Article. 

40 
40 

2,14 

40 

9 

40 
40 
40 

13 
17 
19 

43 
43 

9 

2 

2 

40 

1 

59 

7 

6 

6 

37 

25 

41 

23 

6 

19 

3 
5 

1 
3 

6 
17 

Sup.      1 
3 

/  18 

\19 

29 

8,§  12 

10 

§2,3 

37 

10 

39 

10 

56 
57 

15 
22 

9 

1 

9 
9 
9 
9 

1 
2 
4 
6 

Page. 

305 

305,307 

306 

307 
308 
308 

320 

321 

15 
305 
404 

35 

276 

315 

36 


22 

29 


100 


110 
125 
201 


296 

382 

388 


50 

50 
50 
51 
51 


520 


ALPHABETICAL   INDEX CHINA. 


Name. 

Subject. 

Num- 
ber of 
docu- 
ment. 

Article. 

Piwe. 

Fort  Arthur  ......... 

Military  works,  etc.,  to  be  erected 

at  expense  of  Russia  at. 
And  Talienwan,  to  be  sole  terminus 

of  railway  in  Liao-tung  Peninsula. 
Concessions  not  to  be  made   by 

China  in  neutral  zone  north  of. 
On  Chinese  vessels  at  Kiao-chou . . . 
Leviable  on  junks 

9 

10 

10 

8    ■ 
18 
6 
6 

7 

62 
36 

8 
18 

28 

2 
18 
18 
18 
18 

20 

19 

40 

43 

50 

6 

8 
11 

7 
3 
5 

8,  §3 
8 
5 

Spec,  art 

10 
2 

51 

Fort  duel  ........... 

53 
54 

Forteri 

Monopoly  in,  not  to  be  granted 

Japanese  vessels  may  touch  at  all 
open,  in  China. 

On  West  River,  established  at  re- 
quest of  Great  Britain. 

On  Yangtze  and  West  River 

On  Yangtze  River 

33 

Port!  of  eall 

32 

44 

112 
324 

Fo-fhsn 

Branch  line  of  Shan-tung  Rwy.  Co. 
to  run  to. 

French  recommendations  for  head 
and  staff  of,  will  be  considered. 

See  Mails. 

For  Germans,  their  capital,  or  ma- 
terials, in  Shan-tung. 

None  to  be  accorded  junk-borne 
goods  over  steamer  borne  between 
Hongkong  and  open  ports  Kuang- 
tung, 

Russia  will  not  seek,  as  to  customs 
duties,  at  open  ports  outside  ter- 
ritory leased  by  her. 

Restoration  to  China,  non-punish- 
ment of. 

Chinese  native,  not  subject  to  in- 
creased import  surtax. 

Chinese  native,  transported  in  the 
interior  to  pay  export  surtax. 

Chinese  native,  not  intended  for  ex- 
port, subject  to  consumption  tax. 

Chinese  native,  not  intended  for 
export  to  pay  consumption  tax 
at  native  custom-house  at  open 
ports. 

Chinese  native,  exported  abroad  or 
coastwise;  surtax  agreed  to  by 
United  States,  amount  of. 

Tax,  Japan  agrees  to  pay  same  as 
may  be  agreed  upon  by  all  treaty 
Powers. 

Tax,  on  cost  of  extracting  output, 
of  mines  in  Shan-si,  to  l^  paid. 

Tax,  on  cost  of  extracting  output  of 
mines  in  Ho-nan,  to  be  paid. 

Tax,  on  output  of  mines  in  Ssti- 
ch'uan. 

Chinese  and  Japanese  to  enjoy  it 
for  persons  and  property  in  each 
other's  country. 

German  miners  in  Shan-tung  to  en- 

Of  Chinese  in  territory  leased  to 
France. 

363 

Fostal  servloe 

250 

Freferential  treatment 

2,  §4 
3 

49 
103 

198 

Frisoners  of  war 

Prodnoe 

9 
8,  §2 
8,  §3 
8,  §8 
8,  §8 

4 

1 

6 
6 
6 
1 

§      11,4 
3 

18 
106 

Production 

107 
108 
109 

137-138 
122 

Froteotion 

306 

321 

349 

30 

48 
56 

ALPHABETICAL   INDEX — CHINA. 


621 


Name. 


Protection. 


Subject. 


Protegee ... 
Panlshmant 


dnickiilyar. 
Bailway  ... 


Of  railway  from  Kuang-chou-wari 
to  Lei  cnou. 

Of  foreigners,  by  Chinese  officials, 
edict  on. 

Of  Russian  railways,  persons  and 
interests  by  China  in  Manchuria. 

Of  Shan-hai-kuan  —  Sin-min-ting 
R.  R..  to  be  exclusively  Chinese. 

By  local  authorities  to  mining  and 
railway  enterprises.    Disputes. 

French,  may  reside  at  SsCi-niao 

British,  may  reside  and  trade  at 
Momein  or  Shun-ning  Fu. 

Of  Chinese  guilty  for  anti-foreign 
uprising  of  1900,  demanded. 

Of  death,  to  be  imposed  on  mem- 
bers anti-foreign  societies  in 
China. 

Iniperial  decree  embodying,  in- 
flicted on  guilty  of  Boxer  upris- 
ing. 

Of  officials  in  whose  jurisdiction 
anti-foreign  disturbances  occur. 

Inflicted  oiwChinese  guilty  for  anti- 
I      foreign  uprising  of  1900. 

Edict  published  enumerating 

.   Mines  in  Kuei-chou,  conceded  to 
I      French  company. 
.    Of  Annam  may,  aft^r  agreement 
with  China,  be  continued  on  Chi- 
nese territory. 

Dong-dang  and  Lung-chou  line  may 
be  prolonged  toward  Nan-ning 
and  Pe-se. 

To  capital  Yiin-nan  Province  from 
Annam  to  be  conceded.  • 

In  Yiin-nan,  if  built,  to  be  connected 
with  Burmese  lines. 

In  Shan-tung,  right  to  build  con- 
ceded to  Germany. 

In  Shan-tung,  to  be  built  by  Chino- 
German  Ck>mpany,  oi^anization, 
etc. 

Germany  states  intentions  as  re- 
gards, in  8han-tung. 

Russia  secures  permission  to  extend 
Manchurian,  toTalienwanand  to 
seacoast  in  Liao-tung  Peninsula. 

In  Liao-tung  Peninsula  to  have  only 
one  terminus  at  Port  Arthur  and 
Talienwan. 

In  districts  traversed  by  line  to 
Port  Arthur  to  be  built  by  Russia. 

From  Shan-hai-kuai^  to  near  Rus- 
sian line  to  Port  Arthur. 

France  authorized  to  construct  a, 
from  Kuang-chou-wan  to  w^est 
coast  Jjei-chou. 

From  British  Kowloon;  arrange- 
ments to  be  discussed. 


Num- 
ber of 
docu- 
ment. 


11 
15 
17 
17 
48 

3 

7 

15 
15 


15 

15 

15 
69 


8 

7 
8 
8 

8 
9 

10 

10 
10 
11 

12 


Article. 


Pa«:e. 


7  57 
Ann.   16 

2  99 

4,§  1  I  101 

15, 16  ;  343 


3 
13 

I  4  (2a) 

S  10  (a) 


15    '  §  10  (a) 


I  10  (6) 

2(a) 

10(6) 
8 


22 
43 

64 

65 

65 


23 


24 


53 


58 


522 


ALPHABETICAL   INDEX CHINA. 


Name. 


BaUway. 


Subject. 


China  promisee  to  protect  lines  and 
persons  in  Manchuria. 

From  Shan-hai-knan  to  Newch  wang 
and  Sin-min-ting  restored  to  own- 
ers. 

Likin  barriers  on,  to  be  perma- 
nently abolished. 

(ireat  Britain  will  not  build  any, 
starting  from  Wei-hai  Wei. 

North  of  the  Great  Wall  of  China, 
Great  Britain  not  to  seek  for  con- 
cessions for. 

In  basin  of  the  Yangtze;  Russia  not 
to  seek  for  concessions  for. 

From  Shan-hai-kuan  to  Newch- 
wang;  agreement  between  Great 
Britain  and  Russia  concerning 
rights  of  former  under  loan  con- 
tract. 

Line  from  Siao-hei-shan  to  Sin-min- 
ting, agreement  between  Great 
Britain  and  Russia  concerning. 

In  region  traversed  by  line  termin- 
ating at  Sin-min-ting  a#d  New- 
ch wang,  Russia  may  build  rail- 
way line  in. 

Transportation  tariff  on,  equality 
of,  promised  by  France  in  leased 
territories. 

Bureau  of  Control  of,  established . . . 

Right  to  build,  from  Tongking  to 
Yiin-nan  Fu  conceded  France. 

From  Pakhoi  to  West  River,  con- 
ceded France.  • 

From  Shanghai  to  Nanking,  con- 
tracts for. 

From  Woosung  to  Shanghai,  secu- 
rity for  loan  for  Shanghai  Nan- 
king R.  R. 

School  for  Chinese 

Branch  lines  may  be  built  in  Shan-si 
bjr  Peking  Syndicate  for  use  of 
mines. 

From  Chengting  to  Taiy uan 

From  Chung-hou-sou  to  Sin-min- 
ting. 

Branch  line  of  Peking-Newchwang 
to  be  built  to  Ying-tsou. 

Branch  lines  for  mining  purposes 
in  Ho-nan. 

Regulations  concerning  foreign 
loans  for. 

Questions  in  Manchuria,  not  to  be 
invoked  as  precedents. 

Branch  lines  lor  mining  purposes. . 

Administrative  control  of  all  con- 
cessions to  remain  with  Chinese. 

Concession  may  be  made  a  mon- 
opoly. 

Custoins  stations  along  lines  of 


Num- 
ber of 
docu- 
ment 


17 
17 

18 
25 
27 

27* 
27 

27 
27 

28 

35 
36 

38 

39 

39 


39 
40 


41 
42 

42 

43 

47 

48 

48 
48 

48 

48 


Article. 


Page. 


2 
4 

8,11 

§1 
§2 


17 

.... 

1 
17 


4 
13 

19 

20 


99 
100 

106 
180 
183 

183 

184 

184 
184 

186 

249 
250 

280 

281 


293 

308 


317 

317 

323 

338 

340 

341 
343 

334 

344 


ALPHABETICAL  INDEX CHINA. 


523 


Name. 


BaUway. 


Bangoon . 
Bebate... 


Revised  r^ulations  for  construc- 
tion of  lines,  in  China. 

Bureau  of  Mines  and  Railways  to 
pass  on  all  applications  for  con- 
cessions. 

Foreicners  to  comply  like  Chinese 
with  regulations. 

Mode  of  making  application  for 
concessions. 

Duties  of  local  officials.  Purchase 
of  land.    Taxes  to  be  i)aid  yearly. 

Application  for  concessions,  when 
foreigners  are  participating^,  to  be 
made  through  Foreign  Ofhce. 

Foreign  and  Chinese  share  of  capi- 
tal. 

In  applications  for  concessions  by 
foreigners,  36  per  cent  of  shares 
to  be  reserved  for  Chinese  sub- 
scribers. 

Protection  bv  local  officials  to  be 
same  for  all. 

Chinese  capital  to  be  encouraged.  .. 

Loans  from  foreigners,  how  and 
when  permitted. 

Secret  loan  contracts;  cancellation 
of  concession. 

Survey  of  lines;  gauge  of  track;  ex- 
tension of  time. 

Obstructions  to  building;  boycotts . 

Foreign  experts;  protection;  rights. 

Provincial  authorities  to  report  on 
advisability  of  concession. 

Disputes;  arbitration 

Railway  concession  does  not  give 
mining  rights. 

Annual  reports  by  companies ;  forms 

Contract,  when  to  be  submitted 
and  siened. 

Custom-houses  along  lines,  how  to 
be  located. 

Troops,  supplies,  etc.,  to  be  given 
right  of  way  and  half  rates. 

Police,  number  allowed;  soldiers  .. 

Mails  to  be  carried  by  all  lines 

From  Hus^  to  Kiang-nan  conceded 
to  French  syndicate. 

See  Chinese  Eastern  Rwy. ;  Lu-Han 
Rwy. ;  Yiieh-Han  Rwy. ;  Shang- 
hai-Nanking Rwy. ;  Sin-yang; 
Chengting-Taiyuan  Rwy. ;  Pe- 
king-Newchwang  Rwy.;  North 
China  Rwy.;  Shan-hai-kuan- 
Newchwang  R.  R.;  Tientsin- 
ChinkiangR.  R. ;  Shan-tung  Rail- 
way Co.;  Kai-feng  Fu-Ho-nan 
Fu  R.  R. ;  Laokay. 

China  to  appoint  consul  at 

Of  import  duty  and  two-thirds  sur- 
tax on  raw  cotton  imported. 


Num- 
ber of 
docu- 
ment. 

Article. 

57 

57 

1 

57 

2 

57 

3 

57 

4 

57 

5 

57 

6 

57 

7 

57 

8 

57 
57 

9 
10,11 

57 

12 

57 

13 

57 
57 
57 

14 
15 
16 

57 
57 

17 
18 

57 
57 

19 
20 

57 

20 

57 

21 

57 
57 
59 

22 

23 

6 

1 
18 

13 
8,  §9 

Page. 


383 
383 

383 
383 
383 
384 

384 
384 

384 

385 
385 

385 

385 

385. 
385 
387 

387 
387 

387 
387 

388 

388 

388 
388 
403 


11 
109 


524 


ALPHABETICAL   INDEX — CHINA. 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Pa«e. 

Bebate 

Of  import  duty  and  two-thirds  im- 
port surtax  on  raw  cotton  im- 

20 

4 

139 

ported  to  make  yam  or  cloth. 

China  to  undertake  works  to  im- 
prove navigation  on  upper. 

Railway  from  Annam  to  Yi'm-nan 
Fu  may  follow. 

Bed  Elver 

3 

25 

3 

25 

Be-ezportation 

Foreign    goods  re-exported    from 
China  not  subject  to  export  duty. 

6 

13 

34 

Drawback  certificates  on 

6 
6 

13 
17 

34 

Befuge 

Japanese   merchant   vessels    may 
enter  any  port  in  China  to  seek 

35 

place  of. 

Right  of,  agreed  to  between  Mexico 

77 

11 

472 

and  China.    Salved  goods. 

Beg^itration ..... 

Of  trade-marks  by  China 

18 

7 

105 

Begnlationi 

To  give  effect  to  Japanese  treaty  of 
July  21,  1896. 

For  Japanese  vessels  owned  or  char- 
tered at  8u-chow,    Hang-chow, 

6 

27 

38 

6 

Sup.      2 

39 

Shanghai. 

For  navigation  by  steamers  through 
upper    Yangtze    rapids    to.  be 

18 

5 

104 

drawn  up. 
For    bonded    warehouses,    to    be 

18 

6 

105 

drawn  up. 

Police  and  municipal,  of  foreigners 

18 

8,  §  12 

110 

at  ports  to  be  opened. 

Mining,  facilitating  use  of  foreign 

/  18 
\20 

9 

111 

capital,  to  be  prepared  by  China. 

7 

141 

Inland   steam  navigation,  supple- 

18 

Ann.C.  10 

120 

ment  to. 

For  appliances  for  hauling  steam- 

19 

2 

122 

ers  through  Yangtze  rapids— by 

whom  made. 

Amended,  for  steam  navigation  in- 

19 

8 

124 

land,  agreed  to  with  Japan. 
Pol  ice  ana  municipal,  atCh'ang-sha. 
For  bonded  warehouses.     Scale  of 

19 

10 

125 

20 

6 

140 

fees. 

For  protection  of  American  trade- 

20 

9 

142 

marks  to  be  drawn  up. 

For  mining  in  Shan-si 

40 
43 

305 

For  mining  in  Ho-nan 

320 

For  trade  on  the  Yangtze  River  . . . 

44 

324 

Yangtze  customs  and  port 

44 

io' 

327 

For  compensation  to  miners  for  in- 

f 40 
\  43 
I  45 

12 
12 
11 

307 
322 
330 

juries,  working  hours,  et<;. 

Concerning  foreign  loans  for  mining 

and  railway  purposes. 
For  mines  and  railways 

47 

338 

48 
50 

340 

For  working  mines  in  SsQ-ch'uan . . 
Explanatory  and  additional,   for 
mines  and  mining. 

348 

54 

372 

Rules  and,  for  mining 

56 

380 

Revised,  for  railway  construction  in 
China. 

57 

383 

For   intercourse  between  Roman 
Catholic  missionaries  and  local 

64 

424 

officials. 

t^e  Railway;  Rules. 

ALPHABETICAL  INDEX — CHINA. 


525 


Name. 

Subject. 

Num- 
ber of 
docu- 
ment. 

Article. 

Page. 

Behabilitation 

Belief 

Beyennei 

Of  Chinese  officials  put  to  death  for 
protesting  against  Boxer  move- 
ment. 

Stores  to  have  right  of  way  and 
half  rates  on  Shanghai-Nanking 
R.R. 

Of  China  pledged  as  security  for 
Boxer  indemnity  bonds. 

Of    the    Whangpoo    Conservancy 
Board. 

Of  British  Convention  of  Mar.l,  1894. 

Of  Japanese  treaty  of  July  21, 1896  . 

Of  treaties  of  commerce  and  navi- 
gation with  China  demanded  by 
Powers. 

Agreed  to  bv  China 

15 

39 

15 

15 

1 

6 

15 

15 
18 

20 

77 
1 

1,18: 
18 

18 

61 

63 

44 

44 

44 
6 

6 

64 

64 

40 

43 

45 

48 

50 
50 

56 

6 

2  («) 

19 

6  (e) 

Ann.  17 

19 

26 

§  11 

11 
15 

17 

19 

8 

11,14 
14 

14 

68 

301 

70.71 

Beyision 

93 
12 

37 
65 

72 

Of  tariff  after  periods  of  ten  years 

may  be  asked. 
Of  United  States  treaty  of  1903  and 

of  tariff. 
Of  Mexican  treaty  of  1899 

114 
145 
475 

Bice 

Subject  to  duties  "between  Burmah 
and  China. 

Exportation  from  China  forbidden. 

Chma  may  prohibit  export  of,  from 
one  port  to  another  on  twenty- 
one  days*  notice;  exceptions. 

Tribute  and  army,  movement  of, 
not  to  be  prohibited. 

Imperial  decree  for  prevention  of 
antiforeign. 

Imperial  decree  for  prevention  anti- 
Christian. 

Special,   for  sea-going  vessels    on 
Yanjrtze  River. 

For    river   steamers    on    Yangtze 
River. 

Steamers'  cai^o.    Tea 

10 

Biota 

11,14 
113 

114 
416 

422 

BiverFaii 

4 

5 

6 
Sup.      1 

19 

325 

325 
325 

Boadi  

In  Japanese  settlements  to  be  un- 
der consul's  control. 

Of  Japanese  vessels  to  be  captured 
and  punished  bv  China. 

Regulations  for  official  intercourse 
of,  with  Chinese  local  authorities. 

Must  not  interfere  in  lawsuits  be- 
tween natives. 

On  profits  of  mining  in  Shan-si  to 
be  paid  Chinese  Government. 

On  profits  of  mining  in  Ho-nan  to 
be  paid  Chinese  Government. 

On  Nan  P'iao  coal  mines 

39 

Bobberi 

36 

Boman  Catholic  xnii- 

424 

lionariei. 

425 

Boyalty 

6 

6 

7 
20 

5,6 
15 

18 

27 

306 

321 
329 

Bnlei 

On  output  of  mines  payable  to  Gov- 
ernment. 

On  mining  operations  in  Ssii-ch'nan . 

Of  25  per  cent  on  net  profit  of  min- 
ing m  Ssii-ch'uan  to  be  paid  Chi- 
nese Government, 

Of  25  per  cent  on  net  profits  of  min- 
ing to  be  paid  Chmese  Govern- 
ment. 

To  give  effect  to  Japanese  treaty  of 
July  21,  1896. 

344 

349 
352 

382 

38 

526 


ALPHABETICAL   INDEX CHINA. 


Snles. 


Bniio-Chinaia  Bank . 


Bait. 


BamihTii  City  (Pro- 
vince of  Knang- 
tnng). 

Banii 


Additional,  for  inland  waters  steam       18 

navigation. 
Supplementary,  to    inland    steam       18 

navigation  regulations,  July,  Sep- 
tember, 1898. 
For  working  mines  in  Ssii-ch'uan..     50 
See  Regulations. 

Provisions  of  agreement  with,  of        9 
Sept.  8, 1896,  to  be  adhered  to  as 

to  extension  of  railway  to  Talien- 

wan. 
China  confirms  contract  with,  on       17 

re-establishment  of  Chinese  au- 

thoritv  in  Manchuria. 

Charter  of  the 31 

Organization  and  capital  of  the 31 

Operations  of  the 31 

Operations  of  the,  in  China 31 

Purchase  of  real  estate  by,  in  China.     31 

General  provisions  concerning 31 

Agreement  between,  and  Chinese       32 

Government  for  construction  and 

management  of  Chinese  Eastern 

Railway.    {See  Chinese  Eastern 

Railway.) 
To  form  Chinese  Eastern  Railway       33 

Company. 
At  Shanghai,  to  receive  from  Belgian       34 

Company  amount  duefor  Lu-Han 

R.  R.  bonds. 
To  make  monthly  payments  for       34 

work  on  Lu-Han  R.  K. 
Makes  preliminary  agreement  for      41 

loan  and  construction  of  Cheng- 

ting-Taiyuan  R.  R.  , 

Makes  loan  and  operating  contracts  i    41 

for  Chengting-Taiyuau  R.  R. 
Amount  of  capital  of  Chengting-       41 

Taiyuan  R.  R.  owned  by. 
Option  held  by,  on  balance  of  loan       41 

for  Chengting-Taiyuan  R.  R. 

Issue  of  railroad  bonds  by 41 

Subject  to  duties  between  China        1 

and  Burmah. 
Gabelle,  pledged  by  China  as  se-       15 

curity  for  Boxer  indemnity  bonds. 
Increased  import  duty  on  foreign       18 

foods,  not  applicable  to. 
in  on,  abolished,  tax  in  lieu,       18 

how  collected. 
OflSces  for  reporting — Passes,  cer-       18 

tificates. 
Japan  agrees  to  same  tax  on,  as       19 

other  treaty  Powers. 
Collection  of  mland  dues  on,  not  to       20 

conflict  with  provisions  of  United 

States  treaty. 
Opened  as  treaty  port 


Trade  between  China  and  Burmah 
to  pass  through. 


Ann.  C. 
Ann.  C.  10 


Page. 

118-120 
120 

348 
52 

99 


. 207-211 
.  207-208 
.  208-210 

209 

210 
. 210-211 
. 212-214 


I  1 

18 

20 


17 

21 

24 
8 

6  («.  3) 
8,§2 
8,§  6 
8,§6 


Spec.  art. 


215 
237 

239 
309 

313 

315 

315 

316 
10 

71 

106 

108 

108 


1   122 


Ann.  1 


146 


44 


9    10 


ALPHABETICAL   INDKX CHINA. 


527 


Name. 


Seliool  . 


Settlemaxit 


Bnan-hai-kuan . 


Bhan-hai-kuan  -  Kew- 
ohwang  S.  S. 


Sliansi  (Provinee  of) . . 


Article. 


Of  practical  instruction  in  railways; 
to  be  organized  by  Board  of 
Commissioners. 

Of  mining,  to  be  established  in 
Shan-si. 

Of  engineering  %nd  mining  on 
Chengting-Taiyuan  R.  R. 

Of  engineering  and  mining  in  Ho- 
nan. 

Technical  schools  to  be  established 
by  all  receiving  concessions  for 
mining  or  railways. 

Of  mining  and  railway  engineering 
in  Ssii-ch'uan. 

Special  Japanese  at  Shashih, 
Chung-king,  S  u -c  h  o  w ,  Hang- 
chow,  Shanghai,  Tientsin,  Amoy, 
Hankow. 

Consumption  tax  not  to  be  levied 
in  foreign,  or  foreign  concessions. 

Railway  from,  to  near  Russian  line; 
Russia  declares  has  no  interest  in. 

Newchwang-Sin-min-ting  Rwy.  re- 
stored by  Russia  to  owners. 

Protection,  completion,  and  work- 
ing of  line  after  Russian  surrender. 

China  to  repay  Russia  for  repair 
and  working  line  from. 

Newchwang  Rwy.,  agreement  be- 
tween Great  Britain  and  Russia, 
defining  rights  under  loan  con- 
tract. 

Newchwang  Rwy.  loan  agreement . 

Loan  agreement  for  purpose  of  ex-  I 
tending  and  for  redeeming  exist-  I 
ing  loans  in  North  China  R.  R.     | 

Branch  lines  of,  to  be  built,  time  | 
limit. 

Loan  made  by,  how  to  be  used 

Loan  to  be  guaranteed  by  all  prop- 
erty of  Peking-Shan-hai-kuan 
lines. 

Loan  guaranteed  by  Imperial  Gov- 
ernment. 

Future  branch  lines  of,  how  funds 
for,  to  be  secured. 

Management  of  line  of,  during  cur- 
rency of  loan  in  case  of  default  in 
]3aymenti». 

Chief  engineer  to  be  British  subject. 

European  chief  accountant  for 

Chinese  troops  and  grain  to  be  car- 
ried free. 

Transfer  to  British  of  concession  al- 
lowed. 

The  Bureau  of  Trade  of 

Coal  and  iron  mines  in 

Agreement  made  by  the  Bureau  of 
Trade  of,  with  the  Peking  Syndi- 
cate. 

Rights  to  petroleum  i:i,  ceded  to 
Peking  Syndicate. 


46 


40 


11 


Page. 


256 
266 
293 
307 


332 
332 


332 
333 


334 
334 
334 

337 

305 
305 
305 


305 


528 


ALPHABETICAL   INDEX-^-CHINA. 


Name. 


Bhami  (Province  of). 


Slukii-tiing  (Proviiioe 

of). 


Shantung       Railway 
Co. 


Subject. 


Shanghai 


Shanghai -Hanking 
Bailway. 


Mines  in,  remain  under  sovereignty 
of  China. 

Glass  works  in 

French  concessions  in 

Railways  in 

Mining  by  Germans  in 

Preferential  treatment  for  Germans 
in. 

Great  Britain  at  Wei-hai  Wei,  de- 
clares she  will  not  injure  or  con- 
test Germany's  rights  and  inter- 
ests in. 

Mining  and  railway  questions  in, 
not  to  be  invoked  as  precedent. 

Concession  for  constructing  and 
operating  a  line  from  Tsin-tao  to 
Tsi-nan  Fu. 

To  be  a  German-Chinese  company 

Capital  of;  Germans  and  Chmese 
to  be  allowed  to  subscribe. 

Management  of ;  president;  directs 
ors. 

R^^lations  for  construction  of 
road. 

German  material  to  be  used  wher- 
ever possible. 

Time  for  completing  work 

Rules  for  operating  lines  of  the. . . 

Rolling  stock  to  b^  (rerman  wher- 
ever possible. 

Regulations  for  line  outside  of  Ger- 
man protectorate  to  be  same  as 
on  similar  lines  in  China. 

Police  of  lines 

Schedule  of  trains;  tariff  of  charges 

Preterential  rates  forbidden 

Private  connecting  tracks,  junction 
lines. 

Violation  of  terms  of  contract;  ar- 
bitration court. 

Composition  of  arbitration  court . . 

Parallel  lines  not  to  be  allowed 
during  concession. 

Line  to  1-chou  Fu  may  be  asked  for 
to  build  until  1908. 

To  pay  annual  contribution  for  har- 
bor works  of  Kiao-chou  and  ex- 
penses of  protectorate;  amount. 

China  reserves  right  to  purchase, 
after  60  years,  or  after  successive 
periods  of  5  years.  Determina- 
tion of  value  of. 

Concession  may  be  transferred  only 
to  Germans  or  Chinese. 

Japanese  may  have  special  settle- 
ment at. 

Preliminary  agreement  for  loan  for 
building  and  operating. 

Extenpion  of,  from  Pu-kou  to  Sin- 
yang  to  be  undertaken  l)y  British 
syndicate. 


Num- 
ber of 
docu- 
ment. 


40 

41 

59 

8 

8 

8 

25 


48 
52 

52 
52 

52 

52 

52 

52 
52 
52 

52 

52 
52 
52 
52 

52 

52 
52 

52 

52 

52 


52 
6 


Article. 


19 
13 


2,S  1 
2,J4 
2,J4 


Page. 


312 
403 

47 
48,49 

49 

180 


3       340 
363 


i  1 

§2 


i3 

M 

4,12 

4,J3 

5 

6,  §2 

6,12 

5,S2 

5,  J  3^ 

6,§5 

5,S5 

6 

7 
8 

10 

11 

12 

13 

Snp.      3 

24 

363 
363 

36^ 

364 

364 

364 
364 


365 
366 


366 

367 
367 

367 


368 

368 

39 

281 

285 


ALPHABETICAL   INDEX — CHINA. 


529 


Num- 

Name. 

Subject. 

ber  of 
docu- 

Article. 

Page. 

- 

ment. 

Shanghai  »ir  a  n  k  i  n  g 

Final  agreement  for  loan,  construc- 
tion,  operating  of.      It  cancels 

39 

286 

preliminary  one. 

Amountof  loan.    Imperial  Chinese 

39 

1 

287 

Government  bonds  to  be  issued. 

Price  of  issue,  interest,  duration, 
etc. 
Expenditure   of    loan;     contracts 

39 

2 

288 

with  Chinese;  branch  lines  built 

by  Chinese,  etc. 

Loan  to  be  secured  by  mortgage 

39 

3 

288 

on  Woosung-Shanghai  R.  R. 

Loan  to  be  paid  in  installments; 
proceeds  of  sale  of  bonds;  remit- 

39 

4 

289 

tance;  accounte. 

Dates  of  bonds,  form  of  bonds.    Net 

39 

5 

290 

profit  certificates.     Chinese  sub- 
scribers. 
Board  of  Commissioners  for  super- 

39 

6 

291 

vising  construction  and  operation 

of,  duties.     Additional  staff. 

School  for  education  of  Chinese  in 

39 

6 

293 

constructing  and  operating  rail- 

ways. 
Railway  to  remain  in  fact  Chinese 

property. 
Lands  for  line;  purchase  of;  titles 

39 

7 

293 

39 

7 

294 

to;  amount  to  be  advanced  for 

purchase  of;  not  to  be  transferred 

to  injury  of  mortgage,  etc. 
No  special  taxes  to  oe  levied  on 
railroad;  all  general  taxes  to  be 

39 

7 

295. 

paid. 

Default  in  payment  of  interest  on 

39 

8 

295 

bonds. 

Commission  on   all    purchases  of 

39 

9 

296 

material. 

Materials,    how  and    where    pur- 

39 

9 

296 

chased.     Trade  discounts. 

Protection  of  line.    Railway  police. 

39 

11 

297 

Telegraph  and  telephone  service. 
Shops,    docks,    steamers,    ferries, 

39 

11 

297 

storage  w^arehouses  mav  be  estab- 
lished and  maintained  by  oper- 

ating company. 

Net  profit    certificates.      Eaais  of 

39 

.  12 

297 

issue. 

Trustees  for  bondholders  and  hold- 

39 

13 

298 

ers  of  net  profit  certificates. 

Materials  free  of  customs  duties 

39 

14 

299 

Likin  for  goods  or  passengers 

39 

14 

299 

Interest  on  bonds,  repayment  of 

39 

15 

299 

bonds,  commission  to  bank.    Ex- 
change. 

Chinese  Imperial  Bank  to  be  util- 
ized. 

Rights,  powers,  and  discretions  not 

39 

16 

300 

39 

17 

300 

transferable  to  other  nations  ex- 

cept British  and  Chinese. 
No  nval  railway  to  be  allowed 

39 

17 

300 

2793&-04 34 


530 


ALPHABETICAL    INDEX CHINA. 


Name. 


Shanghai  -  IT  a  n  k  i  n  g 
BaUway. 


Bhareholden 


Subject. 


Page. 


ShaHihih  (in  Provinoe 

of  Hn-peh). 
Bhen-hii  (Province  of ) 

8hin-hing 

Bhon-ning  Pn 

Bhweli  Siver 

Bi-ngan  Pu 

Biam 


Biao-hei  ihan . 
BUk 


Extension  of  time  for  loan  and  con- 
struction; time  limit. 

Tariff  for  fares  and  passengers 

Troops,  ammunition,  Chineee  gov- 
ernmental stores,  relief  stores. 

Redemption  of  loan 

Proceeas   of   unused   bonds;    ad-      39 

vanoes  for  work. 

Unredeemed  bonds 39 

Price  fixed  for  Shanghai- Woosung      39 

R.  R.  to  be  paid  out  of  proceeds 

of  loan. 
Agreement  to  be  sanctionetl  by  im-       39 

p)erial  edict. 
Chinese,  in  Chino-Cierman  Rwy.Co.       8 
Chinese,    in    German    mining    in        8 

Shan-tung. 
Chinese,  in  non-Chinese  enterprises       18 

and  (companies;  rights,  liabilities. 

British,  in  Chinese  companies 18 

British,  in  Chinese  inland-waters       18 

steam   navigation  company,  do 

not  entitle  to  use  British  flag. 
Chinese,  in  Japanese  companies,       19 

liability  of. 
Chinese  courts  to  enforce  fulfill-       19 

ment  obligations  by,  in  Japanese 

companies. 
Japanese,  in  Chinese  companies,       19 

liability  of,  subject  to  Japanese 

courts. 
In    Hui-Tung  Co.   for   mining  in       50 

PsO-ch'uan. 

Opened  as  treaty  port 2 

Special  Japanese  settlement  at 6 

French  concessions  in 59 

Port  of  call  on  West  River 7 

Great  Britain  may  station  consulat. .       7 
British  subjects  and  proteges  may 

reside  and  trade  at. 
Burmah -China  frontier,  from,  to  the 

Taping  River. 
Burmah- China  frontier,  fmni,  to  the 

Mekong. 
Extension  of  railway  to,  from  Ho-       58 

nan  Fu,  to  be  intrusted  to  Bel- 
gian Company. 
Spheres  of  influence  of  Great  Britain        5 

and  France  in. 
France  and  (ireat  Britain  reserve        5 

right  to  take  action  to  uphold  in 

dependence  of. 
Mekong  from  Nam  Huok  to  Chinese        5 

frontier,   limit  between  French  | 

and  British  spheresof  influence  in.  | 
Railway  from  to  8in-min-ting,  to       27 

be  built  by  China  herself. 
Total  export  duty  not  to  exceed  5       18 

per  cent  ad  valorem;  how  paid. 
Cocoons,  not  subject  to  taxation  in  i    18 

interior.  ' 


20 
21 

22 
23 


24 


2,  §2,3 
2,  §4 


Ann.C.,5 


6,  §1 
Sup.      1 


Spec  art. 
13 
13 

2 

3 

23 


8,1  7 
8,1  7 


301 
303 

303 


303 

48 
48 

103 

104 
119 


122 
122 

123 

348 

17 
39 
403 
44 
43 
43 

41 

41 

399 

28 
28 

28 

184 
108 
108 


ALPHABETICAL   INDEX CHINA. 


531 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Pa«e. 

Silk 

Not  exported,  subject  to  consump- 
tion tax. 

Railway  to.    (See  Hsin-ming-ting. ) 

To  Hankow  section  of  Lu-Han  R.  R. 
to  be  first  built. 

To  Pukou  railway;  British  Syndi- 
cate to  undertake  work. 

Confiscation  of  goods  for             

18 

27 
34 

39 

1 
6 

6 
34 

34 
34 

8,  S  7 

108 

Sin-min-tiiig  (or  tru) . 
8in-7axiff 

184 

19 
24 

9 

8 

18 

238 

Bmnflrfflinff ....... 

285 
10 

Sooi^t^    d'titnde     de 

On  boats  hired  by  Japanese  to  be 
punished. 

Prevention  of,  atopen  ports  in  China. 

Makes  loan  to  Chinese  Rwy .  Co.  for 
building  Lu-Han  R.  R. 

To  build  whole  of  Lu-Han  R.  R. . . . 

To  operate  Lu-Han  R.  R.     ( See  Lu- 
Han  Railway.) 

Makes  provisional  loan  contract  to 
Chinese  Rwy.  Co.  for  building 
line  from  Peking  to  Hankow. 
{See  Lu-Han  Railway.) 

33 

36 
232 

Chemini  da  fer  en 
Chine. 

19 

238 
243 

Soci^t^  finanoiare   et 

34 

225 

indnitrieUe    beige 
en  Chine. 

8omn 

Belongs  to  Great  Britain 

Over  zone  at  Kiao-chou  Bay,  rights 
of,  ceded  and  reserved  by  China. 

Over  leased  territory  at  Port  Ar- 
thur, is  reserved  by  China. 

Over  territory  ceded  to  France  at 

Kuang-chou  wan,  reserved  by  China. 

Great  Britain  and  Russia  (ieclare 
they    will    nowise    infringe    on 
China's. 

On  foreign  imports  to  China,  to  be 
charged.     Mode  of  calculating. 

Chinamay  recast  export  tariff  with. 
Limits  within  which  changes  can 
be  made. 

Limitation  of  British  and  French, 
in  Siam. 

France  and  Great  Britain  engage 
not  to  allow  third  Power  to  take 
action  conflicting  with  pledges  as 
to  Siam. 

Mekong  River,  from  Nam  Huok 
to  Chinese  frontier,  to  form  limit 
of  French  and  British  in  Siam. 

The  United  States  and 

9 
11 
27 

15 

18 

5 
5 

3 

8 

3 

1 

1 
1 

'    41 
45 

50 

55 

188 

Speeiflo  dntiei 

Spheree  of  inflnanoe  . . 

6  {eS) 
8,1  7 

1 
2 

71 
108 

28 
28 

5 

28 
1 

5 

50 
50 

59 

3 
3 

3 

3 

3 

29 

185-200 

Spiritnons  liqnori 

Sitt-oh^Tian  (Provinoe 

of). 

Trade  in,  across  Burma-China  fron- 
tier not  allowed. 

Commercial  advantages  to  France 
or  Great  Britain  not  to  be  exclu- 
sively enjoyed  by  either. 

Regulations  for  working  mines  in . . 

Area  of,  in  which  foreign  raining  to 
be  confined. 

Coal,  petroleum,  and  ore  mines  in, 
conceded  to  French  enterprises. 

Opened  to  Franco-Annamite  trade . 

Duties  on  imf)orts  to  China  from 
Annam  to  be  paid  at. 

Duties  on  Chinese  goods  in  transit 
through. 

Duties  on  Chinese  exports  from 

11 
4 

11 
29 

348 

Ssii-mao  (in  Province 
of  Yiln-nan). 

8 

7 

3 
3 

4,§  2 

350 

403 

22 
22 

22 

22 

532 


ALPHABETICAL   INDEX CHINA. 


Name. 


Stamp  tax . 


Subjects 


Subject. 


If  instituted,  to  be  i>aid  by  Shanghai- 
Nanking  R.  R. 

French  and  prot^g^s  may  reside 
at  Sstl-mao. 

Of  China  and  Japan  to  enjoy  full 
protection  for  person  and  prop- 
erty in  respective  countries. 

Chinese  in  Japan  tinder  Japanese 
jurisdiction. 

Japanese  in  China;  their  residen- 
tial, trading,  and  other  rights. 

Of  China  employed  by  Japanese  in 
China. 

Of  Japan  in  China,  jurisdiction  over. 

Chinese,  shareholders  in  non-Chi- 
nese enterprises,  rights,  and  lia- 
bilities. 

And  officers  of  China  in  Japan  to 
nave  most  favorable  treatment 
compatible  with  laws  and  regu- 
lations of  the  Empire. 

Of  Mexico  and  China  to  emigrate 
freely  to  each  other's  country. 

Of  Mexico  and  China  exempt  from 
military  service,  forced  loans, 
war  contributions,  charges,  requi- 
sitions, etc. 

Opened  as  treaty  port 


Sn-elioii  (in  Province 
of  Kiang-in). 

Steam  navigation  for  Japanese  ves- 
pt'ls  from  Shanghai  to. 

Japanese  settlement  at 

Hang-chou  R.  R 

Sngiyama Murder  of  Mr.,  at  Peking 

Honorable  reparation   due  Japan 
for  murder  of. 
;  Mission  from  China  to  Japan  to 
I      express  regret  for  murder  of. 

Surrender Of  Cninese  and  Japanese  offenders 

and  absconding  debtors  in  China. 
Of  Mexican  and  Chinese  criminals 

in  each  other's  country. 
Of  Chinese  offenders  on   Korean 
vessels  or  premises  in  China. 

Surtax On  foreign  imports  and  on  Chinese 

produce    exported     abroad    or 
coastwise. 
Chinese  native  produce  transported 
I      in  the  interior  to  pay  export. 
Additional  special,  of  one-half  ex- 
port duty  leviable  on  exported 
goods  or  coastwise. 
Rebate  of  two-thirds  of,  on  raw  cotr 

ton  imported. 
Funds  to  l)e  used  for  compensation 

lor  illegal  taxation,  etc. 
Allocation   of   portion   of,  to   the 
provinces,  to  compensate  for  loss 
ny  abolition  of  likin. 
Japan  agrees  to  pay  same,  as  agreed 
to  by  all  treaty  rowers. 


39 
3 
6 

6 

6 

6 

6 
18 

19 

77 

77 

2 
2 
6 


15 
15 

15 

6 

77 

69 

18 

18 
18 

18 
18 
18 

19 


Article. 


Pa«e. 


7 

295 

3 

22 

1 

30 

3 

31 

4-7 

31-32 

7 

32 

20 
4 

36 
103 

5 
10 

6,§  1 

6,J  2 

Sup.      1 


§3 

§4  (3) 

3 

24 

14 

6,2 

8 

8,S  3 
8,§  7 

8,§  9 
8,§  11 


125 

470 

471 

17 

17 

39 

304  (m) 

63 

64 

68 

37 
473 
437 
105 

107 
108 

109 
109 


Ann.    B  ,116-118 


1       121 


ALPHABETICAL   INDEX — CHINA. 


533 


Name. 


Surtax. 


Subject. 


Ta-Tung  Company 

Tai-ynan  Fn 

Takhing 

Taku 

Talienwan 


Taping  River . 
Tariir 


Ta-tnng 

Ta-tnng-kon  (Province 

of  Bkeng-king. ) 
Taxei 


In  excess  of  tariff  rates  on  foreign 

goods  imported    by  Americans 

agreed  to. 
Amount  of,  on  American  imported 

goods. 
On    Chinese     produce     exported 

abroad  or  coastwise. 
Payment  of,  on  foreign  imports  re- 
leases from  all  form  ot   inland 

taxation. 
No  export  surtax  on  machine-made 

products  in  China. 
See  Compagnie  d*  Orient. 

Railway  to,  from  Chengting  Fu 

Port  of  call  on  West  River 

Forts  to  be  razed 

Leased  to  Russia 

A  trading  port  open  to  all  countries. 
Portion  of    port  of,   re8er^•ed  for 

men-of-war  of  China  andllussia. 
Military  works  to  be  erected   by 

Russia  at. 

Railway  to  be  extended  to 

To  be,  with  Port  Arthur,  sole  ter- 
minus of  railway  in  Liao-tung 

Peninsula. 
Russia  declares  that,  will  remain  a 
.  free  port,  and  is  in  favor  of  policy 

of  "open  door.*' 
Burmah-China  frontier,  from,   to 

Shweli  River. 
Reduced  for  five  years  on  overland 

trade  between  Burmah  and  China. 
And  tariff  rules  in  force,  applicable 

to  Japan. 
On  foreign  imports  to  China  raised 

to  5  per  cent  effective;  conditions. 
China  may  recasf  export;  not  to 

exceed  5  per  cent  ad   valorem; 

notice  of  change. 
Revision  of, .  after    period  of  ten 

years. 
Most  favored  nation  treatment  as 

to,  insured  to  Great  Britain. 
China   may  recast   export  tariff; 

specific  duties  in  lieu  of  ad  valo- 
rem, not  to  exceed  6  per  cent; 

notice  of  change  required. 

Schedule  of,  duties  on  imports 

Rules  attached  to  schedule  of 

Transportation     on     railways    in 

French  leased  territory',  equality 

of,  promised. 
Land,  to  apply  to  goods  carried  on 

Chinese  Eastern  Rwy. 

Port  of  call 

Port  of,  opened  as  treaty  port 

China's  right  to  levy  such,  as  do  not 
conflict  with  treaty  rights. 


32 

6 
19 

20 


Article. 

Page. 

4 

137 

4 

138 

4 

137-138 

4 

138 

4 

139 

319 

Spec.  art. 

'f 

6 
6 

44 
64 
50 
51 
51 

7 

51 

8 
3 

51 
53 

198 

2 

41 

9 

10 

9 

33 

6(^3) 

71 

8,§7 

108 

Num- 
ber of 
docu- 
ment. 


20 

20 
20 
20 

20 


41 
7 

15 
9 
9 
9 


9 
10 


28 

7 

1 

6 

15 

18 

18 
18 
20 


20       Ann.     3   147-168 

20     168-169 

28      186 


15 

114 

15 

114 

4 

138-139 

10       214 


5 
10 


32 

126 

138 


534 


ALPHABETICAL    INDEX CHINA. 


Name. 


Taxei 


Telegraph  linei . 


Territory 


Text. 


Tientsin 


T  i  e  n  t  ■  i  n-Ohinkiang 
S.  B. 


Subject. 


Num- 
ber of 
docu- 
ment. 


Christian   converts  must  pay  all,       20 

except  for  support  of  religious 

customs  contrary  to  their  faith. 
None  to  be  levied  on  the  Canton-  '    37 

Hankow  R.R. ,  its  appurtenances,  i 

receipts,  etc. 
Ordinary  general,  to  be  paid  l)y  I    39 

Shanghai- Nanking  R.  R.  *    i 

On  mining  operations  in  Shan-si. . . '  40 
On  mining  operations  in  Ho-nan.  .J    43 

On  coal  mines  of  Nan  P'iao '    45 

On  precious  metals 50 

( )n  various  products  of  mines 56 

Leviable  on  Mexican  and  Chinese       77 

in  each  other's  country. 
Between  Burmah  and  (jhina  to  be  '      1 

connected. 
Between  Annam  and  China  to  Ikj  '      3 

conne<'ted. 
On  land  ofChinese  Eastern  Rwy .  .j    32 
And  telephone  lines  along  Canton-  '    37 

Hankow  R.  R.  \ 

And  telephone  lines  of  Shanghai-  "    39 

Nanking  R.  R.  only  for  use  of 

line. 
Great  Britain  and  Ciermany  not  to       14 

seek  to  acquire,  in  China. 
Great  Britain  and  Germany  to  agree       14 

t>o  action  in  case  Powers  seeks  to 

acquire,  in  (-hina. 
French,  of  Final  Protocol  of  Sept.       15 

7,  1901,  authoritative. 
English,   of   British  treaty,   1902,       18 

authoritative. 
English,  of  Japanese  treaty,  1903,       19 

authoritative. 
English,  of  notes  and  dispatches  of       20 

United  States  officTals  to  Chinese, 

and  of  Chinese  officials  to  United 

States  officials  to  l^e  authoritative. 
English,  of  United  States.treaty  of       20 

1903.  authoritative. 
Englisn,  of  Mexican  treaty  of  189  77 

authoritative. 
Japanese  may  have  special  settle-        6 

ment  at. 
Agreement     with     Anglo-German       51 

Syndicate  for  loan  and  construc- 
tion of. 

Division  of  proj)08ed  line 51 

Rate  of  interest  for  loan  for 51 

Loan  for  fifty  years;  repayment ...  51 
Yearly  payments  on  account  of  loan .  51 
Chinese   Government    guarantees      51 

loan  for. 

Securities  for  loan 51 

Bonds  for  loan,  how  issued 51 

Funds  raised,  how  held 51 

Supplementary  loan,   how  to    be       51 

issued. 
Extension  of  time  for  issue  loan,       51 

when  allowable. 


Article. 

Page. 

14 

144 

7 

268 

7 

295 

6 
6 
7 
6 
6 
10 

306 
321 
329 
350 
381 
471 

16 

12 

6 

23 

6 
11 

213 
269 

11 

297 

§2 

62 

§3 

62 

12 

73 

16 

114 

12 

126 

1 

136 

146 

18 

474 

Sup.   3 

39 

2 
4 
5,6 
7 
8 

9 

10-13 

14 

15 

16 


355 


355 
355 
356 
356 
356 

356 
357 
357 
358 

358 


ALPHABETICAL   INDEX — CHINA. 


535 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Page. 

Tientsin-Chinkiang 

Northern  part  of  road  to  be  built, 
equipped,   and    operated  by 

51 

18 

358 

B,  S. 

Deutach-AsiatischeBank;  south- 

ern part  by  the  British  and  Chi- 

nese Corporation. 

Board  of  Commissioners  for;  duties. 

51 

18.19 

358 

Railway  staff  for 

51 

19 

359 

Manager  and  chief  engineer  for 

51 

19 

359 

51 

20 

359 

survey,  etc. 

Likin  and  duties  ujjon  merchan- 
dise and  livestock  m  transit  on. 

51 

21 

360 

All  materials  for,  from  abroad  or 

51 

22 

360 

China,  and  all  revenues  of  road  to 

be  free  of  duty  and  all  taxation. 

Branch  lines 

51 
51 

24 
25 

360 

Tariff;  transport  of  Chinese  troops, 

360 

supplies,  munitions,  at  half  rates; 

famme  relief   supplies   at   half 

rates. 

Control  of  accounts  of 

51 
51 

26 

29 

360 

Working  of  line,  till   loan  is  re- 
deemed. 
Annual  net  revenue,  disposal  of 

361 

51 

30 

361 

Differences,  how  to  be  settled 

51 

32 

362 

Ratification  of  agreement 

51 

34 

362 

Tong-hing  (in  Prov- 

France may  have  consul  at 

3 

1 

21 

ince    of    Kuang- 

tting.) 

Tongking 

China  decldV'es  she  will  not  alien- 

24 

178 

ate  any  territory  bordering  on. 

Right  to  build  railroad  from,  to 
Yiin-nan  Fu  conceded  France. 

36 

250 

Tonnage  dnei 

Japanese  vessels  to  pay  in  open 
ports  of  China;  amount;  exemp- 
tions. 

6 

15,17 

35 

Payable  by  cargo  boats  with  duti- 

6 

15 

35 

able  cargo. 

At  Kuang-chou-wan,  may  be  levied 

by  France. 
Leviable  on  junks  and  boata 

11 

5 

56 

18 

8,S  3 

107 

Drawback  certificate  not  legal  ten- 

20 

8 

141 

der  for  payment  of. 

Towi 

Of  steamers  under  inland  waters 
navigation  rules;  crews;  registry. 

18 

Ann.  C.  9 

120 

trade 

Free  between  Burmah  and  China. . 
Exceptions  to  above 

8 
8 

10 

10 

Route  between  China  and  Bunnah. 

9 

10 

Munitions  of  war  forbidden 

10 

10 

Forbidden  trade 

11 
6 

11 

And  frontier  intercourse  to  be  regu- 

16 

i 

lated    by    convention    between 
China  and  Japan. 

Between  Annam  and  China 

3 

3 

22 

Asprovided  forby France  and  China 

3 

7 

23 

at  Lung-chou,  Ho-k'ou,  M6ng- 

tse,  Ssii-mao  and  Annam,  not  to 

extend  beyond  localities  named. 

Advantages    secured    to    in    SsA- 

5 

4 

29 

ch'uan  or  YCln-nan  by  France  or 

Great  Britain  to  be  enjoyeii  by 

both. 

536 


ALPHABETICAL   INDEX CHINA. 


Name. 


Trade 


Trade-iiiarki. 


Trade  routes. 


Tranifer 

Traneit  duties 


Subject. 


Of  Japanese  in  China  subject  to 
most-favored-nation  treatment. 

New  routes  to  aid,  between  Bur- 
mah  and  China,  to  be  opened. 

Momein  and  Shun-ning  Fu  open  to 
British  subjects  and  prot^j^^s  for. 

Ports  for,  nqt  to  he  opened  on 
coast  e.ast  and  west  of  neutral 
zone  in  Liao-tung  Peninsula. 

In  morphia,  to  be  prohibited 

Americans  have  rights,  in  all  locali- 
ties open  in  Chma  under  most- 
favored-nation  treatment. 

On  the  Yangtze  River;  r^ulations 
for. 

Mexicans  and  Chinese  to  have  in 
each  other's  country  most-fa- 
vored-nation  treatment  as  to. 

No  restriction  or  prohibition  of,  be- 
tween Mexico  and  China,  except 
when  general,  or  for  sanitary 
reasons,  or  war. 

Coasting,  of  Mexico  and  China  lim- 
ited to  national  vessels;  excep- 
tions. 

British,  to  be  protected,  registra- 
tion of. 

Japanese,  to  be  protected,  registra- 
tion of. 

Chinese,  to  be  protected  iii  Japan. . 

American,  to  be  protected;  registra- 
tion of. 

Between  Bhamo  in  Burmah  and 
Nam  khan,  open  to  British. 

Between  Burmah  and  China  to  be 
by  Manwyne  and  Sansi. 

Between  Annam  and  China 

Additional  ones  between  Burmah 
and  China,  to  be  recommended 
by  joint  boundary  commission. 

Of  British  steamer  to  Chinese  Com- 
pany and  Chinese  flag  for  navi- 
gation in  inland  waters. 

Chinese  goods  passing  across  An- 
nam territory  to  one  or  other  of 
the  four  Chinese  towns  open  to 
trade. 

Exemption  from  all,  for  Japanese 
trade  between  treaty  ports  in 
China. 

Drawback  certificate  not  valid  ten- 
der in  payment  of. 

Increasea  import  duty  on  foreign 
goods  in  lieu  of. 

All,  throughout  China  to  be  abol- 
ished. 

To  be  paid  on  goods  for  interior 
carried  on  Chinese  Eastern  Rail- 
wav. 

Payable  on  machinery,  materials, 


77 


77 


18 


and  supplies 
portation 


for  mining  on  ini- 


11 


Ann.  0. 5 


472 


10 


119 


4,  §  1  I      22 


10  i 


305 
330 


ALPHABETICAL   INDEX — CHINA. 


537 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Pa«e. 

Traniit  p«MMi 

Granted  for  ^oods  over  China-Bur- 
mah  frontier. 

1 

9 

10 

Overland  trade   between    Annam 

3 

4 

22 

and  China. 

To  be  issued  to  Japanese  goods 

6 

11 

33 

conveyed  inland  in  China. 

On  duty-free  articles,  amount   of 

6 

11 

34 

dues. 

Treaty 

Of  commerce  and  navigation,  to  be 
negotiated  between  China  and 

2 

6 

16 

Japan. 
Wei-hai  Wei  held  by  Japan  until 

2 

8 

18 

exchange  of  ratification  treaty  of 

commerce  and  navigation. 

Treaty  ports 

Opened  as  concession  to  Japan 

Opened  as  concession  to  France 

2 

6  {  1 

16.17 

3 

2 

22 

Japanese  trade  between,  in  China 

6 

10 

33 

exempt  from  all  taxes,  imports, 
duties. 
Bonded  warehouses  at 

6 
7 

14 
Spec.  art. 

34 

Opened  as  concession  to  Great  Bri- 

44 

tain. 

Of  China;  Great  Britain  and  Ger- 

14 

§  1 

62 

many  to  uphold  freedom  of  trade 
for  all  at. 

And  open    ports,   native  custom- 
houses to  be  maintained  at. 

18 

8  §  1 

106 

To  be  opened  at  request  of  Great 
Britain  if  Art.  VIII  of  treaty, 

18 

8  §  12 

110 

1902,  becomes  operative. 

Opened  at  request  of  Great  Britain. 

18 

8  J  12 

110 

Opened  at  request  of  Japan 

19 

10 

125 

Opened  at  request  of  United  States. 

20 

12 

143 

Trial ' 

Of  mixed  cases  in  China 

/    6 

21,22 
14,15" 
1 

36 

Troope 

Of  Germany  allowed  free  passage 
in  zone  of  50  kilometers  around 

473 
45 

Kiao-chou  Bay. 

Of  China  may  be  stationed  in  zone 

8 

1 

45 

at  Kiao-chou. 

Of  Russia,  both  naval  and  land,  at 

9 

4 

51 

Port  Arthur  and  in  leased  terri- 

tory. 
Of  China,   in  leased  territory  to 

9 

4 

51 

Russia,  not  allowed. 

Of  China  not  allowed  in  neutral 

9  • 

6 

51 

zone  north  of  leased  territory  at 

Port  Arthur. 

France  may  put,  in  leased  territory' 

11 

4 

56 

at  Kuang-chou-wan. 

British,  at  and  near  Wei-hai  Wei . . 

13 

§  3 

60 

Manchuria  to  be  evacuated  by  Rus- 

17 

2 

100 

sian. 
Agreement  to  be   made  by  Rus- 

17 

S 

100 

sian  and  Chinese  authorities  fix- 

ing number  and    disposition  of 

Chinese,  in  Manchuria. 

Chinese,  in  Manchuria  after  Rus- 

17 

8 

100 

sian  evacuation;  increase  of;  how 

done. 

538 


ALPHABETICAL   INDEX CHINA. 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Page. 

Troopi 

On   withdrawal    of  international, 

19 

10 

125 

from  Chihli  and  Peking,  that  city 
to  be  opened  to  residence  and 
trade. 
Conveyance  of  Russian,  and  muni- 

32 

8 

213 

tions  of  war  over  Chinese  East- 

em  Railwav. 
Of  China,  and  munitions  to  be  car- 

32 

11 

214 

ried  at  half    rates  on    Chinese 

Eastern  Railway. 

Transportation  of  Chinese  on  Lu- 

Han  R.  R. 
Ammunition      and     Government 

34 

3 

243 

37 

13,20 

256-274 

stores  to  have  precedence  and 
half  rates   on    Canton-Hankow 

R.  R. 

Ammunition     and      Government 

39 

19 

301 

stores,  relief  stores,  to  have  pre- 

cedence and  half  rates  on  Shang- 

hai-Nanking R.  R. 

On  Peking-Newchwang  lines  (North 
China  K.  R. )  to  be  carried  free. 

46 

7 

334 

Munitions   and    supplies^  at    half 
rates  on  Tientsin-Chinkiang  R.  R. 

51 

25 

360 

Supplies,  etc.,  to  be  given  right  of 

57 

21 

388 

way  and  half  rates. 

Tiin  (or  Tfing)  too... 

Railway  to  be  built  by  Shan-tung 
R.  R.  Co.  from,  to  Tsi-nan  Fu. 

52 

363 

Tii-nanFu 

Railways  to,  from  Kiao-chou 

8 

2,  §  1 

47-48 

Shan-tung  Rwy.  Co.,  to  build  line 
to,  from  Tsin-tao  via  Wei-hsien, 
with  branch  line  to  Po-shan. 

52 

363 

Considerations  to  be  given  in  con- 

52 

§4 

364 

structing  railway  station  at. 

{l2 

Tfnng-li'TaMta 

China  asked  to  reform 

15 

65 

Tranfonned  into  a  Ministry  of  For- 

15 

12 

73 

eign  Affairs. 
See  Wai-wu  Pu. 

VoMoU 

Japanese,  may  touch  at  all  ports  of 
call  open  in  China. 

6 

5 

32 

Japanese,  entering  ports  in  China 

6 

5 

32 

not  open,  subject  to  confiscation. 

Pay  tonnage  dues  on  entering  open 
ports  of  China;  rates,  exemptions. 

6 

15 

35 

Japanese  merchant,  may  seek  re- 
fuge in  any  port  of  China. 

6 

17 

35 

• 

Japanese  or  chartered,  at  Su-chou, 
Hang-chou,  Shanghai. 

6 

Sup.      2 

39 

Chinese,  of  war  and  merchant,  may 

8 

3 

46 

use  Bay  of  Kiao-chou. 

Of  China  and  Russia  only,  may  use 

9 

6 

51 

Port  Arthur. 

At  Kuang-chou-wan  to  l)e  treated  as 

11 

5 

56 

at  open  ports  of  China. 

Of  Chma  at  Kowloon  City,  to  have 

exclusive  use  of  landing  place. 
Accommodation  for,  at  Canton  to 

12 

58 

18 

5 

104 

be  improved. 

Sailing,  at  open  ports,  goods  carried 

18 

8,  §3 

107 

by,  subject  to  same  duties  as  on 

steamers. 

ALPHABETICAL   INDEX CHINA. 


539 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

r  18 
jl9 

Article. 

Page. 

Yeisels 

Steam,  navigating  inland  waters  lia- 
ble for  loss  to  riparian  proprietors. 
Registered  steam;  their  rights  as  to 

Ann.C.  4 
Ann.  1. 4 

119 

127 

/18 

Ann.C.8 

120 

inland  navigation. 

i   19 

Ann.  1. 8 

128 

Steam,  all  Japanese,  may  navigate 

/  19 

3 

122 

inland  waters  of  China. 

I  19 

Ann.  2-3 

128-130 

Allowed  to  trade  on  Yangtze  River. 

44 

3 

324 

Seagoing,  on  Yangtze  River 

44 

4 

325 

River  steamers,  on  Yangtze  River. . 

44 

5 

325 

Power  for,  on  Yangtze  River 

44 

4,5 

325 

Small  craft,  chartered  or  owned  by 

44 

7 

326 

foreigners  on  the  Yangtze. 

Trading,  on  Yangtze  must  produce 
papers  for  inspection  when   re- 
quired. 

Merchant,  of  Mexico  and  China, 

44 

9 

326 

77 

7,11 

471-472 

rights  of. 

Of  Mexico  and  China,  may  not  be 
held  for  military  expedition  or 

77 

10 

472 

any  public  purpose  w^ithout  com- 
pensation. 

Right  of  refuge  for  Mexican  and 
Chinese. 

Collisions   between    Mexican  and 

77 

11 

472 

77 

16 

474 

Chinese. 

VesseU  of  war 

Of  China  may  use  Kiao-chou  Bay  .. 

8 

3 

46 

Of  China  may  use  Port  Arthur  and 

9 

6 

51 

Talienwan. 

Of  China  and  France  only  to  use 

11 

8 

57 

anchorage  at  On-pu. 

Of  China  only  to  use  Kowloon  City. 
Of  China,  to  continue  to  use  Mirs 

Bay  and  Deep  Bay. 
Of  Cnina  to  use  leased  waters  at 

12 

58 

12 

59 

13 

§  4 

60 

Wei-hai  Wei. 

Mexican   and    Chinese,    in    each 

77 

9 

471 

other's  ports;  rights,  privileges. 

Waiehow  (in  Province 

May  be  opened  as  treaty  port 

18 

8  f  12 

110 

of  Knang-tang). 

Wai-wn  Pu 

Takes  place  of  Tsung-li  Yam^n 

Impenal  edict  giving  organization  of 
May  be  opened  as  treaty  port 

15 

12 

73 

15 
18 

Ann.  18 
8  §  12 

94 
110 

inoe  of  8i1i-ohiian). 

Wanting 

Belongs  to  China 

7 

3 

41 

War 

To  cease  between  China  and  Japan 
on  exchange  of  ratifications  of 
treaty. 

2 

10 

18 

Agreement  between  Great  Britain 

16 

6 

98 

and  Japan  relative  to  China  and 

Korea  to  continue  in  force  be- 

yond date  of  expiration  in  case 

either  is  engaged  in  war. 

Warehonies 

Rent  or  hire  in  interior  of  China.  .. 
Bonded,  China  consents  to  estab- 

2 
6 

6§3 
14 

17 

34 

lishment  of,  at  open  ports. 
Bonded;  increased  facilities  for,  at 

18 

6 

104 

open  ports. 
And  jetties  on  banks  of  waterways. 

18 

Ann.0,13. 

118 

may  be  leased  by  British  sub- 

jects, taxes,  etc. 

540 


ALPHABETICAL   INDEX CHINA. 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Pa^e. 

WarelioiiMi 

BoDded,  may   be   establiflhed    at 
open  ports  by  American  citizens; 

20 

6 

140 

Water  cohtmi 

r^ulations. 
At  Kiao-chou,  r^;ulation  of 

8 

1 

45 

Shallow,  may  be  closed  to  launches. 

18 

Ann.  C.  4 

119 

Watan 

Adjacent  to  territory  leased  to  Rus- 
sia are  included. 

10 

1 

53 

Seacoast,  round  Kin-chou  not  to  be 

10 

4 

54 

used  by  Chinese  inhabitants. 
Included    in    territory    leased    to 

11 

2 

55 

France  at  Kuang-chou  wan. 

Limit  of  territorial,  agreed  to  by 

77 

11 

472 

Mexico  and  China. 

Wei-haiWei 

Japan  to  hold,  until  portion  of  war 
mdemnity  is  paid  and  treaty  of 
commerce  and  navigation  is  ex- 

2 

8 

18 

changed. 

Japanese  force  to  occupy;  Chinese 

2 

Sup.  1 

19 

contribution  to  expense. 

Territory  of,  to  be  occupied 

2 

Sup.  2 

19 

Civil  administration  to  remain  Chi- 

2 

Sup.  3 

19 

nese  during  occupation. 
Troops  of  China  not  to  approach 

6 

Sup.  4 

39 

within  5  n  positions  held  by  Jap- 

anese at. 

Leased  to  Great  Britain  for  so  long 

13 

§1 

ao 

as  Port  Arthur  is  leased  to  Russia. 

Extent  of  territory  leased  to  Great 
Britain 

13 

§2 

eo 

In  zone  contiguous  to,  Great  Britain 

13 

§3 

60 

may  erect  fortifications,  station 

troops,  etc. 

Within  walled  city  of,  Chinese  jur- 

13 

§4 

60 

isdiction  to  continue. 

Ships  of  war  of  China  may  use 

13 

§  4 

60 

leased  waters  at. 

Establishment  of  Great  Britain  at; 
•   declaration  of  policy,  and  con- 

26 

180 

cerning  railways  from. 

Uniform  standard  of,  to  be  adopted 
by  China;  to  be  first  used  at  open 
ports;  settlement  of  differences 
resulting  from  adoption. 

19 

7 

124 

Weihsian 

Railway  from  Tsin-tao  to  Tsi-nan 

52 

363 

Fu  to  pass  through. 

Weit    Biver    (or    8i 

Treaty  ports  opened  on 

7 

Spec,  art 

44 

Kiang). 

Ports  of  call  on,  opened 

18 

^    10 

112 

Railway  line  from  Pakhoi  to 

Bed  of,  to  be  improved 

38 
16 

280 

Whangpoo  Biver 

11  (6J 

71 

Conservancy  Board   for  improve- 
ment of,  created. 
Regulations  for  the  improvement 

16 

73 

15 

Ann.   17 

90 

of  the  course  of  the. 

Revenues  of  the  Conservancy  Board . 

15 

Ann.    17 

93 

Wharfage  dues 

Additional,  at  Canton,  to  improve 
accommodation  for  shipping. 

18 

5 

104 

Wing  On  (or  Tong-an) 

On  West  River,  made  port  of  call . . . 

18 

10 

112 

Woosnng 

River  and  canal  open  to  Japanese 
steam  vessels. 

2 

6  S  2 

17 

vr     y     M 

Port  of  call 

6 
39 

5 

8 

32 

And  Shanghai  Rwy.,  securitv  for 
loan  for  Shanghai-Nanking  R.  R. 

282 

ALPHABETICAL  INDEX CHINA. 


541 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Pa«e. 

Woofong 

Cost  of  Shanghai- Woosong  R.  R . . . 
Price  fixed  for  Shanghai-Woosung 

39 

13 

284 

39 

23 

303 

R.  R. ,  to  be  paid  Chinese  Railway 
administration. 

Wreeki 

Chinese  to  rescue  passengers  from; 
crew;  to  secure  vessel  and  cargo; 
Japanese  to  render  same  services 
Chinese. 

6 

17 

35 

Mexican  and  Chinese,  treatment  of. 

77 

11 

472 

See  Vessels. 

Wiichoii  Fu  (Province 

of  Kuang-ii.) 

Opened  as  treaty  port 

7 

Spec.  art. 

44 

Wn-meli 

Port  of  call 

6 
9 

5 

8 

32 

YalnBivor 

Railway  may  be  extended  to  sea- 

52 

coast  betw^een  Newchwang  and. 

Tangtie  Bivor 

Navigation  of  upper,  open  to  Japa- 
nese steam  vessels. 

2 

6  §  2 

17 

Navigation  of  upper,  by  steamer 
from  I-chang  to  Chung-king  to 
be  improved;    methods;  condi- 

18 

5 

104 

tions. 

Japan  granted  right  to  erect  ap- 

19 

2 

122 

pliances    for    hauling    steamers 

through  rapids  in. 

China  declares  she  will  not  alienate 
any  portion  of  territory  adjoining. 

22 

174 

Regulations  governing  trade  on  the. 
See  Elegulations. 

44 

324 

Ying-tro 

See  Newchwang. 

Ytl-PongCo 

Transfers  its  mming  rights  in  Ho- 
nan  to  Peking  Syndicate. 

43 

1 

320 

To  cooperate  with  Peking  Syndi- 
cate in  administration,  exploita- 

43 

3 

320 

tion,  staff,  and  finances. 

Yna-Yn  Co 

Agreement  between,  and  French 

60 

407 

Compagnie  d' Orient  for  working 

mines  in  Fu-kien. 

Will  establish  works,  railways,  etc., 

60 

3 

408 

for  Cie  d' Orient. 

Shares   of   stock    and  debentures 

60 

4 

408 

due  it. 

Assigns  its  interest  for  fiftj'  years. . . 
Loan  agreement  of,  and  (5ie  d' Ori- 

60 

7 

409 

60 

410 

ent. 
Bureau    of    Mines  of   Fu-kien  to 

60 

1 

410 

supervise  loan  and  operations  of. 
To  purchase  sites  needed  for  oper- 

60 

4 

411 

ations. 

To  give  Bureau  of  Mines  8  per  cent 

60 

5 

411 

of  free  share  scrip. 

Royalty  to  Government  of  25  per 

60 

6 

412 

cent  to  be  paid  by. 

^ 

Ynan-slian  (Province 
of  Klang-sn). 

Coal  beds  of. ...... 

59 

5 

403 

Yneh-Han  Kwy 

Letter  concerning  preferential  right 
of  Belgian  company  to  build. 

Declaration    of    Chinese    Govern- 
ment denying  preferential  right 

34 

246 

34 

247 

of  Belgian  company  to. 

American  company  has  no  prefer- 
ential right  to  Lu  Han  R.  R. 

34 

247 

542 


ALPHABETICAL    INDEX CHINA. 


Name. 


Ttleli-Han  Bwy  . 


Subject. 


Contract  between  the  Chinese  Rail- 
way company  and  the  American* 
China  Development  Company  for 
building  and  operating  the. 

Amount  of  loan;  now  to  be  paid  . . . 

Bonds;  interest;  to  be  firpt  mort- 
gage on  line;  to  be  taken  by 
American  -  China  Development 
Company  at  90  per  cent;  may  be 
sold  to  public,  etc. 

Extension  of  line  to  the  seacoast. . . 

Branch  lines  may  be  built 

Employment  of  Chinese  on  staff. . . 

Remuneration  for  superintendence 
and  service  of  American-Chinese 
Development  Co. 

Materials  for,  how  and  where  to  be 
purchased. 

Operation  of  line,  staff 

Debentures  for  operating  company, 
amount  of. 

Survey  of  line 

First-mortgage  gold  bonds 

When  Chmese  Railway  Co.  may 
take  over  line. 

Guarantee  to  be  given  by  contract- 
ing comimny. 

School  of  railway  instruction 

Materials  for,  free  of  duty 

Chinese  troops,  munitions,  Govern- 
ment stores,  etc. 

No  action  may  ever  be  taken  by 
contracting  parties  impairing  ob- 
ligations. 

Contracting  company  to  be  allowed 
to  work  coal  mines  along  line  of. 

Supplemental  agreement  concern- 
ing loan  for  construction  of. 

Amount  of  loan  increased . .  i 

Cost  of  line,  etc. ,  bonds 

Guarantee  for  bonds,  etc 

Loan  to  be  paid  in  installments 

Accounts  for  expenses,  etc 

Date  of  bonds,  interest,  coupons, 
form  of  bonds,  etc. ;  safe-keeping. 

Amount  of  first-mortgage  bonds; 
object. 

Line  and  appurtenances  guarantee 
first  mortgage. 

Additional  isnue  of  bonds 

Staff,  selection,  duties,  salaries 

Railway  to  remain  Chinese  prop- 
erty. 

Lands  for,  how  acquired,  amount 
for,  etc. 

Rights-of-way  scrip 

No  taxes  to  be  levied  on  the,  or  its 
appurtenance?,  receipts,  etc. 

Default  in  payment  of  interest, 
principal,  etc. 

Reversion  of  line  to  Chinese 


Num- 
ber of 
docu- 
ment. 


Article. 


37 
37 


37 
37 
37 
37 


37 

37 
37 

37 
37 
37 


37 
37 
37 

37 


37 

37 

37 
37 
37 
37 
37 
37 


37 
37 
37 

37 


I       .7 


Page. 


252 


252 
252 


253 
253 

254 


4       254 


11 
12 
13 


254 

254 
254 

255 
255 
255 


10       255 


256 
266 
256 


14  ,     256 

....,     258 
259 


1 
2 
3 
4 
4 
5 

5  i 

5 

5 
6 

7  , 


260 
260 
260 
261 
262 
262 

263 

264 

264 
264 
266 

266 


7  ;     26" 
7 


268 
268 
268 


ALPHABETICAL   INDEX — CHINA. 


543 


Name. 


Subject. 


Ttteh-Han  Bwy  . 


Tnet  fling  (or  Tlieh- 

oh'dng). 
Tang  ki  ( or  Jnngolii ) . 

Ttn-nan  (ProYince  of) 


Final  survey  of  line 

Material;  preference  for  Chinese, 
discounts,  rebates. 

Protection  of  line,  railway  police  . . 

American  debentures,  mode  of  net 
profit  sharing. 

Interest  on  bonds  payable  in  Amer- 
ican or  British  gold,  at  option  of 
holder. 

Materials  for,  free  of  customs  dues 
and  likin. 

Likin  on  freight  on  line 

Interest  on  bonds,  from  what 
sources  to  be  paid,  dates  of  pay- 
ment, etc. 

Contracting  company  to  use  Chi- 
nese Imperial  Bank  ageni;ies 
along  line. 

Contracting  company  can  not  trans- 
fer rights  to  other  nations  or  peo- 
ple of  other  nationality. 

Parallel  lines  not  to  be  allowed 

Time  for  floating  loan 

Time  for  completing  work  on 

Time  for  loan  to  run 

Tariff  of  fares  and  freights 

Troops,  munitions,  public  calamities. 

Redemption  and  cancellation  of 
bonds  and  debentures. 

Advance  made  by  contracting  com- 
pany. 

Unredeemed  bonds 

Branch  line  to  Ping-hsiang 

On  West  River,  made  a  port  of  call. 

On  West  River,  made  a  port  of  call . 

Mining  in  and  near,  encourage- 
ment of. 

Telegraph  lines  in,  connected  with 
Burmah. 

French  aid  may  he  asked  by  China 
for  mining  in. 

China  repeats  willingness  to  ask 
French  aid  for  mining  in. 

Capital  of,  to  be  connected  by  rail 
withAnnam;  route. 

Commercial  advantages  to  France 
or  Great  Britain  not  to  be  exclu- 
sively enjoyed. 

Railways  in,  to  connect  with  Bur- 
mese lines. 

Right  to  build  railway  from  Tong- 
king  to  capital  of,  conceded  to 
France. 

Railway  from  Lao'kay  to  capital  of, 
abstract  of  agreement  for  build- 
ing. 


Num- 
ber of 
docu- 
ment. 


37 
37 

37 
37 

37 


37 

37 
37 


37 

37 

37 
37 
37 
37 
37 
37 
37 

37 

37 
37 

18 

18 
1 
1 
3 
3 
3 
5 

7 
36 

59 


Article. 


8 
9 

10 
12 

13 


14 

14 
15 


16 

17 

17 
18 
18 
18 
20 
20 
21 

22 

23 
25 
10 

10 

12 

16 

6 


12 


Pa^. 


268 


269 
270 

271 


271 

272 
272 


273 

273 

273 
273 
273 
274 
274 
274 
274 

276 

276 
276 
112 

112 

11 

12 

23 

24 

26 

29 

43 
250 


9       405 


ALPHiiBETIOAL  INDEX 


KOREA. 


27938—04 35  545 


ALPHABETICAL  INDEX-KOREA. 


Name. 


AdviBers  . 
Alliance  . 


Conoeiiion 


Coniular  agents. 


Criminali . 


Diplomatic  agents. 
Dntiet 


Subject. 


Arms 

Army 

China 

Clandestine  trade 


Financial,  to  Korea  not  to  be  rec-       68 
ommended  by  Japan  or  Russia, 
except  after  mutual  agreement. 

Treaty  of,  with  Japan 65 

Expulsion  of  Chinese  troops  and       65 
protection  Korean  and  Japanese 
mterests  is  object  of  treaty  of. 

Treaty  of,  to  cease  on  conclusion       65 
of  treaty  of  peace  with  China. 

Protocol  of,   between  Korea  and       70 
Japan. 

No  separate    arrangement    to    be       70 
made  while  Protocol  of,  lasts. 

Munitions,  explosives,  etc.,  in 
China  and  Korea  permitted  only 
to  officials. 

Japan  and  Russia  agree  to  allow       67 
Korea    sufficient,    to    maintain 
order. 

Japan  agrees  to  make  war  on,  to       65 
insure  Korean  independence. 

Promises  good  offices  to  Korea  if 
third  Power  unjust  or  oppressive. 

In  opium  or  ginseng 

Carried  on  by  Chinese  or  Korean       69 
vessels. 

Carried  on  by  ships  of  war,  pro-       69 
hibited. 

For  Uhnsan  gold  mines 71 

For  working  a  tract  of  60  by  40       72 
Korean  11  for  all  minerals  or  pre- 
cious stones. 

For  rail  way  from  Seoul  to  Chemul  po      73 

For  railway  from  Seoul  to  Fusan. . .     74 

For  whaling  privileges 75 

China  and  Japan  may  ai>point,  in       69 
open  ports  of  each  other.    Privi- 
leges, rights.     Most  favored  na- 
tion treatment. 

Merchant,  not  allowed '.    69 

Chinese  and  Korean,  to  be  tried  '    69 
bv  their  own  authorities. 

Seekinjj  refuge,  to  be  surrendered . . '    69 

Extradition  of  Chinese  and  Korean.     69 

Chinaand  Korea  may  appoint  them  I    69 
to  each  other's  court.     Rights. 

On    merchandise   and    vessels  of      69 
China  and  Korea  in  each  other's 
territory. 


Num- 
ber of 
docu- 
ment. 


ArUcle. 


II 


4^9 

I 

429 

III 

429 

441 

V 

441 

IX 

438 

II 

II 
I 

IX 
X 

XIII 


II 


II 
v,i 

V,2 
III 


Ptige. 


433 


432 

429 

4M 

439 
439 

440 

445 
447 


450 
454 
457 
434 


435 
437 

437 
437 
434 

435 


547 


548 


ALPHABETICAL    INDEX KOREA. 


Name. 


Duties . 


Sztraditioii 

Extra-territoriallty 

FinanoeB 

Fraud  

Frontier 


Oendarmei . . 

Ginieng 

Good  offloes.. 

Guards  

Houiei 

Independence 


Instrnoton  . 
Interesti . . . 


Payable  on  goods  sold  by  men-of- 
war. 

Materials  imported  for  Uhnsan 
gold  mines  freed  of. ' 

Materials  imported  for  Bum-Mur- 
doch and  Hav  mining  conces- 
sion free  of.  Products  of  mine« 
free  export  duty. 

Materials  imported  for  Seoul- 
Chemulpo  R.  R.  free  of. 

Machinery,  plants,  tools,  instru- 
ments, etc.,  for  use  of  Seoul- 
Fusan  R.  R.,  free  of  all. 

Machinery,  materials,  including 
salt  and  coal  for  whaling  sta- 
tions, free  of. 

Of  Chinese  and  Korean  offemiers 
agreed  to. 

Right  of,  China  and  Korea  agree 
to  relinouish. 

Japan  ana  Russia  agree  to  advise 
reform  of  Korean. 

In  commercial  dealings;  offenders 
to  be  arrested. 

Trade  between  China  and  Korea, 
tariff  and  rules  for,  to  be  agreed 
upon. 

Reclaimed  land  along  Chinese- 
Korean. 

Migration  across  China-Korea, 
prohibited. 

Mart,  to  \ye  agreed  upon  by  China 
and  Korea. 

Japanese,  for  protection  of  tele- 
graph line,  Fusan-Seoul. 

Purchase  or  export  of  red,  from  Ko- 
rea forbidden. 

China  and  Korea  pledge  each  other, 
in  case  third  Power  unjust  or  op- 
pressive. 

Japanese,  for  protection  of  tele- 
graph lines. 

Russian,  for  protection  of  legation 
and  consulates. 

Lease  or  purchase  of,  in  and  with- 
out foreign  settlements. 

Recognized  by  China 

Recognized  by  Gre&t  Britain  and 
Japan. 

France  and  Russia  declare  that 
basis  of  their  policy  is  Korean. 

Japan  to  make  war  on  China  to 
insure  Korean. 

Entire,  and  sovereignty,  recognized 
definitely  by  Japan  and  Russia. 

And  territorial  integrity  of  Korea 
guaranteed  by  Japan. 

Russia  pledges  itself  not  to  interfere 
in  choice  of    military,  without 
Japan. 
i  Of  Japan  in  Korea 


69 
71 
72 

73 
74 


69 
69 
67 
69 
69 

69 
69 
69 
66 


66 
66 
69 

2 

16 

30 
65 
(58 
70 
68 

16 


XIII       440 

14       446 

VIII       448 


V,3 
V,4 

I 
VII 
XII 


XII 

III 

IX 

I 
III 

IV 

IV,  2, 3 

1 
1 


II 

I 

III 

II 


451 
455 


16  I    462 


437 
437 
432 
438 
439 


XII  I     439 
XII       440 


440 
430 
439 
434 

430 

431 

436 

14 
97 

203 

429 

433 

441 

433 

97 


ALPHABETICAL   INDEX — KOREA. 


549 


Name. 


Intoresti . 


Interference . 


Intervention. 


Jnriidiotion  . 


Xing  of  Korea . 


Korean  Development 

Co. 
Laboreri 


Land 


Subject. 


Great  Britain  and  Japan  to  safeguard 

Great  Britain  and  Japan  not  to 
make  arrangements  prejudicial 
to  each  other's. 

Great  Britain  and  Japan  to  confer 
in  case  jeopardy  of. 

Commercial  and  industrial,  of  Ja- 
pan not  to  be  hindered  by  Russia. 

Japan  and  Russia  pledge  them- 
selves to  abstain  from  direct,  in 
internal  affairs. 

In  choice  of  military  instructors  or 
financial  advisers. 

In  Korea  by  (Jreat  Britain  or  Japan ; 
when  it  may  take  place. 

Japan  |)romise8,  if  Korea  or  the 
unperial  house  is  endangered. 

Right  conceded  Japan  to  occupy 
places  for  strategic  purposes  in 
case  of. 

Over  Chinese  and  Koreans  in  eat^h 
other's  country. 

In  mixed  cases,  settled  by  nation- 
ality of  defendant 

When  extraterritorial,  shall  ceane 
between  China  and  Korea. 

Over  Korean  subjects  employed  by 
Russia  in  whaling  stations. 

Japanese  and  RuHsian  representa- 
tives to  advise,  to  return  to  Palace. 

To  be  advised  to  appoint  liberal 
and  moderate  ministers. 

To  be  advised  to  be  clement  to  his 
subiects. 

And  his  house  guaranteed  peace 
and  repose  by  Japan. 

(See  TThnsan  gold  mines. ) 

Korean,  in  mines,  to  be  90  per  cent 
of  force. 

Korean,  on  Seoul-Chemulpo  Rail- 
road to  be  90  per  cent  of  force. 

Foreign  contract,  for  Seoul-Che- 
mulpo Railroad. 

Foreign  contract,  to  be  returned  to 
their  country  after  completion  of 
wxrk.   Registration  at  Customs  at 

•  port  of  entry  and  exit. 

Korean,  on  Seoul-Fusan  Railroad. 
On  earthworks,  9  out  of  every  10. 

Foreign,  employed  at  whaling 
stations;  passports.  Offenders 
against  Korean  law,  etc. 

Purchase  or  rent  of,  in  settlements. 

Leasing  or  purchase  of,  beyond 
limits  of  settlements. 

Taxes  payable  outside  foreign  set- 
tlements. 

Coercion  or  intimidation  in  pur- 
chase of. 

Sovereign  rights  over  leased  or 
purchased. 


Num- 
ber of 
docu- 
ment. 


16 
16 


16 
68 
68 

68 
16 
70 
70 

69 
69 
69 
75 
66 
66 
66 
70 


73 

73 

73,  74 

74 
75 

69 


Article. 

Page. 

1 

4 

97 
97 

5 

97 

III 

433 

I 

433 

II 

433 

1 

97 

IV 
IV 

V 

v,i 

V,4 
6 
I 

II 
II 
II 

XII 
VI 
VI 
VI 

VI 
6 

IV,  1,2 
IV,  3 

IV,  3 

IV,  5 

IV,  5 


441 
441 

437 
437 
437 
459 
430 
430 
430 
441 

448 

451 

451 

451,455 

455 
458 

436 
436 

436 

436 

436 


550 


ALPHABETICAL    INDEX KOREA. 


Name. 


Land 
Loans 
Maili 


Minei 


MiniiterB 

Mixed  oaies 

Mof  t-favored  nation . 


Subject. 


Num- 
ber of 
docu- 
ment. 


Beclaimed,  along  frontier  of  China 
and  Korea. 

Japan  and  Russia  agree  to  assist 
Korea  in  case  it  needs  foreign. 

Of  Korean  Government  to  be  car- 
ried free  over  Seoul-Chemulpo 
Railroad. 

And  mail  carriers  transported  free 
on  Seoul-Fusan  Railroad. 

Decree  and  agreement  for  working 
the  Uhnsan  gold. 

Contract  and  concession  for  operat- 
ing mines  with  Bum-Murdoch 
and  John  A.  Hay. 

Contractors  may  select  place.  Area 
to  be  60  by  40  Korean  li. 

May  work  all  kinds  of,  inside  area . 

Work  to  begin  within  two  years. 
One  month's  notice  of  beginning 
of  work  to  be  given. 

Concessions  for  seventy-five  years. . 

Other  concessions  for,  may  be 
granted  while  this  one  is  being 
located.  Districts  in  which  claim 
can  not  be  taken  up. 

Machinery,  tools,  etc. ,  to  be  bought 
by  contractors.  Preference  to  be 
given  Korean  products. 

Korean  Government  not  responsi- 
ble for  debts. 

Contractors  may  erect  buildings  and 
make  roads.    To  pay  for  all  land. 

Mines  and  property  of  contractors 
free  from  taxes.  Material  im- 
ported free  of  duties.  Products 
free  of  export  duties. 

Purchase  of  private  property. 
Tombs. 

Royalty  of  25  per  cent  to  Korean 
Government  to  be  paid  semi-an- 
nually. Cost  of  machinery  not 
to  be  included  in  expenses. 

Korean  deputy  at  mines  to  watch 
over  Government' s  interests.  No 
right  to  interfere  in  working. 

Korean  coolies  and  workmen  to  be 
90  per  cent  of  force. 

Foreigners  at,  to  be  protected  and 
to  have  passports. 

Contract  forfeited  if  work  not  car; 
ried  on  regularly,  except  in  case 
force  majeure. 

Modifications  to  contract 

See  Uhnsan  gold  mines. 

Japanese  and  Russian  representa- 
tives to  advise  King  as  to  cabinet. 

To  be  tried  by  officials  of  nation- 
ality of  defendant. 

Treatment  for  Chinese  and  Ko- 
rean diplomatic  and  consular 
officers,  merchants,  subjects,  in 
China  and  Korea. 


67 
73 

74 
71 
72 

72 

72 
72 


72 
72 


72 

72 
72 
72 

72 
72 

72 

72 
.72 
72 

72 
66 


Article. 


II 
III 


IV 
V 


VI 

VI 

VII 

VIII 

IX 
X 

XI 

XII 
XIII 
XIV 

XV 

II 

v,i 

II,  III 


Page. 

439 
432 
450 

454 
445 
447 

447 

447 
447 


447 
447 


448 

448 
448 
448 

448 
448 

448 

448 
448 
449 

449 

430 

437 

434,435 


ALPHABETICAL   INDEX — KOKEA. 


551 


Name. 


Most-favored  nation . 
Open  porta 


Opium . . . 
Pasiporti 


Subject. 


Permits... 
PoUoe  ... 
Bailways 
Beform  .. 


Bioe.... 
Boyalty. 


Beonl-Chemiilpo  Bail- 
way. 


Treatment  as  to  lease  or  purchase 
of  land,  houses,  etc. 

Chinese  and  Koreans  at 

Risht  to  reside,  rent  premises,  lease 
knd,  erect  warehouses,  at. 

Building  of  houses  at 

Taxes  at 

General  foreign  settlements  at 

Trade  between 

Importation  of,  into  Koreaf orbidden . 

For  Chinese  and  Koreans  in  each 
other's  country. 

For  officers  and  crews  of  warships. . 

For  foreign  employees  at  mines 

For  importation  of  arms,  munitions, 
explosives,  etc. 

Native  Korean,  sufficient  to  main- 
tain order  without  foreign  aid. 

See  Seoul-Chemulpo  Railway; 
Seoul-Fusan  Railway. 

Of  finances;  Japan  and  Russia 
agree  to  advise  Korea  concerning. 

Administrative;  Korea  promises  to 
follow  Japan's  advice  concerning. 
.  I  Export  of,  and  of  grain  from  China; 
I      prohibition  of. 

Of  25  per  cent  on  profits  of  Bum- 
Murdock  and  Hay  concession  to 
be  paid. 

Concession  to  build,  operate,  and 
maintain. 

Bridge  over  Han  River 

Korean  Government  to  provide 
right  of  way  and  lease  it  to  com- 
pany. 

Mails  to  be  carried  free 

Troops  and  munitions  of  Korean 
Government  to  be  carried  free. 

Survey  of  line— graves,  cemeteries- . 

Crossings,  culverts 

Stations,  location  of 

Materials  for,  imported  free  of  duties . 

Its  properties  and  receipts  free  of 
all  taxes. 

Staff  of.  Natives  to  have  prefer- 
ence. 

Laborers  on.  Koreans  to  be  90  per 
cent.  Importation  of  f  orei^  con- 
tract laborers.  Registration  at 
customs.     Return. 

Company  to  be  organized.  Rights 
of  same. 

Capital  stock.  Limitation.  Gov- 
ernment responsibility. 

Work  to  begin  within  one  year;  to 
be  completed  in  three  years;  ex- 
tension of  time. 

Disputes,  settlement  of,  by  com- 
missioners. 

Purchase  of  line  by  Korea  after  fif- 
teen years.  If  not  bought  con- 
cession to  run  for  ten  years  more. 


Num- 
ber of 
docu- 
ment. 


Article. 


69 
72 


67 

67 
70 
69 
72 

73 

73 
73 


73 
73 

73 
73 
73 
73 
73 

73* 


73 
73 
73 

73 
73 


IV,  3 

IV 
IV,  1 

IV,  2 
IV,  2 
IV,  2 
IV,  6 
IX 
VIII 

XIII 

XIII 

IX 


Pa^e. 


I 

I 

VI 

X 


II 
III 


III  !  2 
III  i  2 

III  §  3 

III  !  3 

IV 

V 

V 


436 

435 
436 

436 
436 
436 
436 
439 
438 

440 
448 
438 


II       432 


432 

441 
438 
448 

450 

450 
450 


450 

450 

451 
451 
451 
451 
451 


VI       451 
VI       451 


VII       451 

VIII       462 

IX  ,    452 


X 

XI 


452 
452 


552 


ALPHABETICAL   INDEX — KOBEA. 


Num- 

Name. 

Subject. 

ber  of 
docu- 

Article. 

Page. 

ment. 

Seoiil-Chemiilpo  Ball- 

No  concession  for  another  line  be- 

73 

XII 

453 

way. 

tween  Seoul  and  Chemulpo  to 
be  granted. 

Beonl-Tuf  an  Hallway. 

Agreement  to  construct  and  operate. 
Japanese  company  to  construct  a 

railway,  build  bridges  for  same, 

etc. 
Survey  of  line;  bridges,  pathways.. 

74 

454 

74 

i' 

454 

74 

II 

454 

Gauge  of  road  to  be  same  as  Seoul- 

74 

III 

454 

Chemulpo  Railroad. 

Land  for,  to  be  provided  by  Korean 

74 

III 

454 

Government.    Ownership  vested 

in    company  until   government 

buys. 

Mails,  troop.M,  munitions,  etc.,  free 

74 

III 

454 

on. 
Grades;  crossings 

74 

III 

455 

Stations  on ;  lo(!ation  of 

74 
74 

IV 
V 

455 

Machinery,  tools,  etc.,  and  lands 

455 

of,  to  be  free  from  all  duties. 

taxes,  or  charges. 

Laborers  on;  more  Korean  than 

74 

VI 

455 

foreign  to  be  employed.    Impor- 
tation of  forei^  contract  labor- 

ers.    Registration  at  customs. 

Korean  timber  to  be  used  on 

74 

VI 

456 

Company  to  be  organized.    Rights 

of. 
Korean  Government  provides  no 

74 

VII 

455 

74 

VIII 

455 

share  of  capital,  only  land. 

Branch  lines  to  be  undertaken  by 

74 

IX 

455 

Korean  Government  only.     No 

foreigners  shall    be  allowed  to 
do  so. 
Work  to  begin  in  three  years,  to  be 
completed  in  ten.     Extension  of 

74 

X 

455 

time. 

Dinputes;  settlement  of  referees 

74 

XI 

456 

Purchase  of,  by  Korean  Govern- 

74 

XII 

456 

ment.     Determination  of  price. 

Extension  of  time. 

Agreement  may  be  revived  to  make 

74 

XIII 

456 

It  a  joint  un<l'ertakinff  with  Korea. 
Koreans  may  be  stockholders  in  . . . 

74 

XIV 

456 

Shares  of,  may  not  be  transferre<i 

74 

XV 

456 

to  any  but  Japanese  or  Korean 

Governments  or  subjects. 

Settlements 

Protection  of  Japanese;    fon*  of 

66 

IV 

431 

Japanese  troops  agreed  on. 

General  foreign,  at  treaty  ports 

69 

IV,  2 

436 

Rirchase  or  lease  of  land  or  houses 

69 

IV,  2,  3 

436 

in  and  without  foreign. 

Soshi 

Japanese,  in  Korea  to  l)e controlled. 
Recognized  by  Japan  and  Russia. . . 
Over    leased    or    purchased  lands 

66 
68 

I 
I 

430 

Sovereignty 

432 

69 

IV,  5 

436 

maintained. 

Surrender 

Of  offenders  seeking  refuge  on  ships 
or   on    premises   of   Chinese  or 
Koreans. 

69 

V,2 

437 

Taxes 

At  open  ports 

69 

IV,  2 

436 

ALPHABETICAL  IHDEX — KOBEA. 


553 


Name. 


Taxes. 


Telegraph . 


Trade. 


Troops. 


Uhnsan  Gold  Mines. 


Subject. 


Land,  payable  on  houses  or  land 
outside  foreign  settlements. 

Uhnsan  gold  mines  and  properties 
free  of  all. 

None  to  be  levied  on  Seoul-Che- 
mulpo Railroad,  its  properties  or 
receipts. 

All  property  and  land  of  Seoul- 
Fusan  Railroad,  free  of  all  charges 
and. 

On  each  whale  brought  into  Korean 
waters. 

Lines,  protection  of,  by  Japanese  . . 

Lines,  Japan  to  continue  to  op- 
erate. 

Line  to  Russian  frontier  from  Seoul; 
Russia  reserves  right  to  establish. 

Lines,  Korea  may  buy  back 

Chinese  and  Koreans  in  each  others' 
open  porta  to  have  freedom  of. 

Between  treaty  ]>orts 

In  rice  and  grain  from  China  to 
Korea,  enforcement  of  prohibi- 
tion. 

Fraud  in,  debts;  offenders  to  be 
arrested. 

At  localities  in  Korea  not  open  to 
trade  forbidden;  fine  and  confis- 
cation. 

In  arms,  munitions,  explosives,  etc. 

In  opium  and  red  ginseng  forbid- 
den. 

Clandestine,  by  Korean  or  Chinese 
vessels. 

Frontier,  between  China  and  Ko- 
rea. 

Japanese,  for  protection  of  settle- 
ments and  open  ports,  force 
agreed  on. 

Russian,  for  protection  of  legations 
and  consulates. 

And  munitions  of  Korea,  carried 
free  over  Seoul-Chemulpo  R.  R. 

And  goods  for  military  use,  free  on 
Seoul-Fusan  R.  R. 

Concession  of,  to  Korean  Develop- 
ment Company. 

Concession  for  twenty -five  years... 

Mines  to  be  located  by  company. . . 

Rights  of  company  includes  mining 
of  all  kinds  of  ores. 

Korean  Government  to  assist  in 
dealing  with  people,  and  secur- 
ing rignts  of  way. 

Foreigners  employed  at,  passports, 
protection. 

Natives  employed  at,  study  of  min- 
ing by. 

Capital  stock  of  company,  by  whom 
raised. 


Page. 


71 
73 

74 

75 

66 
67 

67 

67 


66 

66 
73 
74 

71 

71 
71 
71 


71 
71 
71 


IV,  3 
13 
V 


19 

III 
III 

III 

III 
IV 

IV,  6 
VI 


VII 
VIII 

IX 
IX 

X 

XII 
IV 

IV 
J2 
III 

1 

2 

3 

5,6 


8 

8 

9,10 


436 
446 
461 

455 

463 

430 
432 

432 

432 
436 

436 
438 

438 
438 

438 
439 

439 

439 

431 

431 

460 

464 

445 

445 
446 
446 

445 

445 
445 
445 


554 


ALPHABETICAL  INDEX — KOBEA. 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

Article. 

Page. 

mmaan  Gold  Mines. . . 

King  of  Korea  to  receive  25  per 

cent  of  paid-up  eharee. 
Profits    of  company,    how    to  be 

71 

11 

446 

71 

12 

446 

applied. 
And  properties  freed  of  all  taxes. . . 

71 

13 

446 

Materials    imported    for,    free    of 

71 

14 

446 

duties. 

Annual  meetings  of  shareholders 

of. 
Manager  of,  authority  given 

71 

15 

446 

71 

16 

446 

Kin^  of  Korea  may  have  represent- 

71 

17 

446 

ative  at,  to  inspect  books,  etc. 

Graves  not  to  be  opened  or  removed . 
Concession  void  if  work  not  begun 

71 

18 

446 

71 

19 

446 

within  one  year. 

YeiMli 

Of  China  and  Korea  to  have  most- 
favored-nation  treatment  in  each 
others  ports. 

69 

III 

435 

Ports   of  refuge   for  Chinese  and 

69 

X 

439 

Korean. 

Carrying  on  clandestine  trade 

Wrecked;  their  cargoes,  crews 

69 

X 

439 

69 

X 

439 

Of  war,  of  China  and  Korea,  trade 

69 

XIII 

440 

by  in  each  others  ports,  etc. 

Employed  in  whaling  by  Russia, 
to  pay  tonnage  dues  at  Y  uen-san, 
etc. 

Right  to  erect,  at  treaty  ports 

75 

19 

463 

WanhoniM 

69 

rv^ 

436 

Whaling 

Concession    of,   privileges;    three 
.  places  near  seashore  to  be  set 
apart;  location;  size. 

75 

1 

457 

Delimitation  of  stations;  maps 

75 

2 

457 

Purchase  of  private  lands  at  sta- 

75 

3 

457 

tions. 

Rights  on  stations;  buildings,  etc.. 
Laborers,  native  and  foreign;  limi- 

75 

4 

458 

75 

5 

458 

tation  of  right  to  employ  foreign- 

ers, etc. 

Limitation  of  rights  conceded;  Ko- 

75 

6 

459 

rea  retains  jurisdiction  over  its 

subjects;  no  asylum  to  be  given 
them. 
Concession  not  to  interfere  with 

75 

9 

459 

right  of  openingany  port  to  trade. 

Compensation  in  case  of  cancella- 

75 

9 

459 

tion  of  concession. 

Rental  for;  removal  of  stations 

75 

9 

460 

Concession  for  12  years;  buildings 

•75 

10 

460 

and  structures  become  property 

of  Korea. 

Rental;  failure  to  pay;  interest 

75 

11 

460 

Violation  of  terms  of  agreement; 

75 

12 

461 

penalties. 

Transfer  of  rights 

75 
75 

13 
14 

461 

• 

Disputes  to  be  settled  by  arbitration  . 

462 

Customs  stations;  quarters  to  be 

75 

15 

462 

supplied;  expenses  of. 
Machinery,    materials,    salt,    and 

75 

16 

462 

coal,   for  use  of  concessionary, 

free  of  duty. 

ALPHABETICAL   INDEX — KOREA. 


555 


Num- 

Name. 

Subject. 

ber  of 
docu- 
ment. 

Article. 
17 

Page. 

Whalinr 

Provisions  and  stores  for  workmen 
to  be  bought  in  Korea;  to  pay 

75 

463 

duties  when  landed. 

May  not  take  "whales  in  Korean 

75 

18 

463 

waters. 

Veeselfl  employed;  tonnage  dues; 

75 

19 

463 

tax  on  each  whale  brought  into 

Korean  waters  to  be  worked  at 

stations.